O R D E R

Dated this the 15^th day of January, 2026 The petitioner had filed Crl.M.P No.5428 of 2024 before the Court of the Judicial First Class Magistrate, Ranni (‘Trial Court’, in short) against the respondent alleging that she has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’, in short).

2. Along with the said complaint, the petitioner also filed Crl.M.P No.5818 of 2024 (Annexure A2) to condone the delay of 39 days in filing the complaint. The petitioner states that, it is only because the petitioner could not trace the address of the respondent, the complaint could not be filed on time. However, by the impugned Annexures A3 and A4 orders, the learned Magistrate dismissed the application and consequently the complaint also. Annexures A3 and A4 orders are ex-facie erroneous and unsustainable in law.

The learned Magistrate has failed to consider the proviso to Clause (b) of Section 142 of the NI Act which empowers the Trial Court to condone the delay. This Court in Areeplavan Financiers, Thodupuzha v. State of Kerala and Another [ILR 2020 (2) Kerala 325] has succinctly held that a liberal approach should be adopted in condoni