This order shall govern disposal of both the petitions, under Section 482 of the Code of Criminal Procedure (for short 'the Code') as they raise a common question of law, formulated as under :-

"Whether a Magistrate is required to afford opportunity of hearing to "the accused before condoning delay in filing complaint relating to dishonour of cheque, under proviso to clause (b) of Section 142 of the Negotiable Instruments Act, 1881 (for brevity 'the Act')."

2. The petitioner is aggrieved by the following orders passed in each one of the cases, registered as Complaint Case Nos. 13364/10 and 13365/10 :-

(i) Order dated 2-11-2010 authored by Shri Nitin Kumre, JMFC, Jabalpur, whereby cognizance of the offence was taken, while condoning delay of 25 days in filing the complaint.

(ii) Order dated 15-12-2011 authored by Shri Nisar Ahmad, JMFC, Jabalpur, whereby application moved by the petitioner for reviewing the order dated 2-11-2010, was rejected as not maintainable.

3. At the outset, it may he observed that the orders passed on 15-.12-2(111 are to be upheld simply because the offence, under Section 138 of the Act, is triable by summon procedure that does not contemplate any stage