The central legal point established in the judgment is the requirement for the trial court to decide the condonation application after hearing both parties, in accordance with the principles of natural justice.

Rajendra Mahajan, J.

1. With the consent of learned counsel for the parties, the matter is heard finally at the motion stage. The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing the entire proceedings of Criminal Complaint Case No. 1618/2011 titled Babulal vs. Manish Maseih, pending on the file of Judicial Magistrate First Class Khurai, District Sagar.

2. Be it noted that the petitioner and the respondent herein are the accused and the complainant of the said case respectively.

3. The facts leading to filing this petition are summarized as follows:-

3.1. On 30.09.2011, the respondent has filed a criminal complaint under Sections 200(2) Cr.P.C. and 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") for the prosecution of the petitioner under Sections 415 and 420 of the IPC and 138 NI Act. The substratum of the compliant is that the respondent has friendly relations with the petitioner. The petitioner asked him for a loan of seven lakh (seven hundred thousand) rupees for fulfilling his personal obligations. On 09.10.2009, he gave him seven lakh rupees in cash. On the same day, the petitioner handed over a written acknowledgement to him regarding the receiving of the amount, and he also gave him a post-dated cheque bearing date 10.11.2010, cheque No. 795891 (for short "the cheque") which is drawn by him on the UCO Bank Branch Sagar with which he is maintaining his bank account. He presented the cheque for encashment to the State Bank of India Branch Khurai with which he is maintaining his bank account. On 13.12.2010, the bank informed him that the petitioner's bank has dishonoured the cheque on account of insufficient fund in his bank account. On 27.12.2010, he sent him a demand notice at his residential address thus; Bibil Bhawan, Tili Road, Sagar by registered post with acknowledgement due. He unscrupulously managed the postman of the area. On account of which, he received the notice un-served with a postal endorsement that the addressee, the petitioner herein, is out of station. Thereafter, he sent him the demand notices at the said address on 5.2.2011, 7.3.2011, 26.3.2011, 27.4.2011, 15.12.2011, 6.6.2011, 19.7.2011 and 23.8.2011. He received all the notices un-served with postal endorsements that "the addressee is out of station." He also sent one demand notice to him at his office address at Bhopal. The said notice was returned un-served to him with a postal endorsement that the address is incomplete. On 06.09.2011, he sent him the last demand notice which he received back on 14.09.2011 with a postal endorsement that the addressee was intimated regarding the arrival of a registered post of his name but he had not turned up to receive the same at the area post office.

3.2 Along with the complaint, the respondent filed a condonation application under the proviso of sub clause (b) of clause (1) of Section 142 NI Act. In the application, the respondent has made averments that he had given repeated notices to the petitioner with the sole object of personal service of any notice upon him but the petitioner got the notices returned un-served having manipulated the postman. However, the last notice dated 06.09.2011 was returned on 14.09.2011 with a postal endorsement that the addressee had been intimated regarding the arrival of a registered mail of his name but the petitioner did not come to receive the same to the concerned post office. Hence, the demand notice dated 06.09.2011 has been duly served upon him. Thereafter, he has filed the complaint within the statutory period as provided for in Section 142(1)(b) NI Act. He submits that in the fact situation of case, if there is a delay in filing the complaint, it be condoned.

3.3. As per the material available on record, the learned JMFC took the cognizance of the complaint on 28.12.2011 under Section 138 NI Act and ordered the registration of it in the aforesaid Section. The learned JMFC also ordered to secure the presence of the peti