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2025 Supreme(Online)(Ker) 53827

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NIJAMOL NAJEEB – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.K.DHEERENDRAKRISHNAN, SMT.N.P.ASHA
For the Respondents: SRI.E.C.BINEESH-SR.PP

O R D E R

This revision petition has been filed challenging the order passed by the Judicial First Class Magistrate Court-II, Pathanamthitta, condoning the delay in filing a private complaint under Section 138 of the Negotiable Instruments Act, 1881 .

2. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

I went through the order. The delay is only 105 days. The learned counsel for the petitioner submitted that the delay has not been properly explained. Even if the delay has not been properly explained, since the delay is only 105 days, the court has the discretion to condone it. I am of the view that the learned Magistrate has exercised the discretion judicially. I see no reason to interfere with the impugned order and accordingly, this revision petition is dismissed.

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