RENUKA Vs. SHAKUNTALA

JUDGEMENT

(1.) Heard Sri. Rohit S. Patil, learned counsel for the petitioner and Shri. G. N. Narasamanavar, learned counsel for respondent. Perused the records on admission.

(2.) The present petition is filed under Sec. 482 of Cr.P.C. with the following prayer :-

(3.) The brief facts of the case are as under :- Petitioner is facing criminal trial in respect of offence punishable under Sec. 138 of N.I. Act on the file of JMFC I Court, Gadag. Admittedly a private complaint was filed belatedly and an application is also filed along with the said complaint seeking condonation of delay of 14 days under Sec. 142(2) of Negotiable Instrument Act. The learned Magistrate without issuing notice on condonation of delay application, directly recorded the sworn statement of the complainant and without condoning the delay, took cognizance of the offence and summoned the accused/petitioner before the Trial Court. The petitioner soon after appearing before the Trial Court, filed an application seeking discontinuation of criminal proceedings in view of the fact that the delay was not condoned.