DELHI HIGH COURT
SIMRANPAL SINGH SURI – Appellant
Versus
STATE & ANR. – Respondent
J U D G M E N T
2. As per the complaint, petitioner had borrowed a sum of Rs.10 Lacs, from respondent No.2, who had lent the same vide two cheques bearing Nos. 697399 and 697400, dated 26.02.2016, amounting to Rs.5 Lacs each, drawn on Punjab National Bank, Delhi Trade Finance Branch, Sadar Bazar, Delhi.
3. The order dated 26.09.2019 passed by the Metropolitan Magistrate, was challenged by petitioner vide Criminal Revision Petition No. 762/2019 and the Revisional Court vide impugned order dated 27.11.2020 dismissed the said petition with cost of Rs.50,000/-, which is under challenge in this petition.
4. At the hearing, learned counsel for the petitioner submitted that the learned Metropolitan Magistrate had no jurisdiction to take cognizance of the complaint u/s 138 Negotiable Instruments Act (NI Act) filed by respondent No.2, without that being accompanied by application under Section 142 (b) NI Act for condoning the delay in filing the complaint. Learned counsel for petitioner further submitted that learned Metropolitan Magistrate, while taking cognizance of the complaint, did not take note of the fact that the complaint was filed beyond the limitation period and did not rightly cal
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