2024:BHC-AS:10622 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1135 OF 2023 Hiren Ashwin Shah … Petitioner versus State of Maharashtra and Anr. … Respondents Mr. Vinod S. Pandey with Ms. Nilima Sarvagod, for Petitioner.

Mr. S.R.Aagarkar, APP for State.

Mr. Yazad Maneck Udwadia, for Respondent No.2.

CORAM: N.J.JAMADAR, J.

DATE : 4 MARCH 2024

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally.

2. The Petitioner assails the legality, propriety and correctness of an order dated 20 December 2022, passed by the learned Additional Sessions Judge (Borivali Division), Mumbai in Criminal Revision Application No.63 of 2021, whereby the Revision preferred by the Petitioner came to be dismissed, affirming the order dated 22 January 2021, passed by the learned Metropolitan Magistrate, 43^rd Court, Borivali, in CC 261/Misc/2020, condoning the delay of 1259 days in filing the complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881).

3. Shorn of unnecessary details, the background facts can be stated as under :

3.1 For the sake of convenience and clarity, the part