K DEVADAS SHETTY Vs. J R PAIS

JUDGEMENT

(1.) THE only argument advanced in this petition is that Section 5 of the Limitation Act is not applicable to condone the delay in presenting the complaint beyond the period of one month prescribed under S. 142 of the Negotiable Instruments Act (for short 'the Act' ).

(2.) THE brief facts of the case are : respondent filed a complaint under S. 200 Cr. P. C. against the petitioners for the alleged offence under S. 138 of the Act. He has also filed an application under S. 5 of the Limitation Act to condone the delay in presenting the complaint beyond the prescribed period. The learned Magistrate has taken cognizance of the offence, recorded the sworn statement and thereafter, directed to issue process. Subsequently, the Magistrate considered the I. A. without giving an opportunity to the accused persons and condoned the delay in presenting the complaint. This order is questioned by the accused in this petition.

(3.) HEARD the counsel on both sides.