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2022 Supreme(Online)(KER) 18023

HIGH COURT OF KERALA
MARY JOSEPH, J
RAVEENDRAN NAIR – Appellant
Versus
SHIBU R. CHAND – Respondent


Advocates:
SRI.M.R.RAJESH SMT.SANDHYA E.S., SRI.V.S.SREEJITH

ORDER

This revision is filed challenging an order passed by Judicial First Class Magistrate Court-I, Varkala (for short ‘the court below’) in Crl.M.P.No.4646/2016.

2. The above Crl.M.P was an application filed under Section 142 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) seeking to condone the delay of 65 days in filing the complaint to launch the prosecution with reference to an offence punishable under Section 138 of the NI Act. The application was allowed by the order assailed, copy of which is produced alongwith the petition on hand as Annexure F. The copy of the application seeking to condone the delay and the copy of the objection filed by the petitioner herein in the said application are also produced alongwith the petition on hand respectively as Annexures B and C. Annexure F order was passed by the court below stating that the amount involved in the prosecution being a huge sum, the 1st respondent would not have evaded to file the complaint in time unless he is prevented from doing so by some inevitable reasons. Paragraph 7 of the impugned order which incorporate the reasoning of the court below is extracted hereunder:

“7. Point No.1:- In this case at hand

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