BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 20.02.2025 Pronounced on : 28.02.2025 CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.1199 of 2023 C.Prabakaran ... Petitioner Vs.

M.Shanthi ... Respondent Prayer : This Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C., to set aside the order passed by the learned Judicial Magistrate, Fast Track Court @ ML, Karur in C.M.P.No.7810 of 2022 in S.T.C.No.Nil of 2022 forthwith.

For Petitioner : Mr.T.Nitish for M/s.K.P.S.Law Associate For Respondent : Mr.M.P.Senthil

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.7810 of 2022 in S.T.C.No. ___ of 2022 dated 05.06.2023 on the file of the Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur, dismissing the petition filed under Section 142(b) of Negotiable Instruments Act.

2. The case of the petitioner/complainant is that the respondent/

accused borrowed a sum of Rs.4,50,000/- on 02.01.2022 for her family expenses agreeing to repay the same within a month, that the respondent, in order to discharge the said liability, issued a post-dated cheque dated 03.03.2022 drawn in Tamilnad Mercantile Bank Ltd., Srivilliputhur Branch for Rs.4,50,000/- in favour of the petitioner, that the petitioner has presented the said cheque for collection on 03.03.2022 through his banker IDBI, Karur Branch, but the cheque was returned 'dishonored', that the petitioner has then sent a legal notice dated 11.03.2022 directing the respondent to pay the amount covered by the cheque, that the respondent having received the legal notice on 14.03.2022 has neither sent any reply nor made any payment and therefore, the petitioner was constrained to lodge a complaint under Section 200 Cr.P.C. against the respondent for the offence under Sections 138 r/w 142 of Negotiable Instruments Act and that since there was a delay in filing the complaint, the petitioner filed the complaint along with a petition to condone the delay under Section 142(b)

of Negotiable Instruments Act.

3. The petitioner's further case is that since the respondent received the legal notice on 14.03.2022, stipulated time of 15 days for payment expired on 28.03.2022, that limitation period to file the complaint started on 29.03.2022 and expired on 27.04.2022, that since the petitioner was not well and due to unavoidable reason, he could not file the complaint within the time, that the delay is neither willful nor wanton but due to the reasons beyond his control, that the petitioner will be put much hardship and loss, if the delay is not condoned and that therefore, the petitioner has come forward with the above petition to condone the delay of 153 days in filing the complaint.

4. The respondent has filed a counter statement disputing the petitioner's affidavit averments and further stated that the petitioner has not specifically stated about the nature of the alleged illness, period of illness, the date on which the petitioner recovered from the illness, when the petitioner met his counsel and came to know about the delay of 153 days in filing the complaint and the alleged unavoidable reason, that the reasons shown in the petitioner's affidavit is an invented story to maintain this frivolous petition, that the petitioner is not diligent enough to prosecute the case, that the petitioner knowing fully well that he has no case to succeed the case, has filed the complaint with a delay of 153 days, that the respondent will be put to unforeseen loss and hardship, if the petition is allowed and that therefore, the petition is liable to be dismissed.

5. The learned Magistrate, after enquiry, has passed the impugned order dated 05.06.2023 dismissing the petition. The reasons assigned for the dismissal is that the petitioner has not explained the nature of illness, period of illness and the alleged unavoidable reasons but instead, he has given a plain blanket reason as illness and unavoidable reason, that the petitioner has not produced the