NAMOKAR AGENCIES Vs. S EKANATH

JUDGEMENT

(1.) This criminal appeal has been preferred by the complainant-appellant challenging the order passed by the JMFC-I Court, Hubballi in un-numbered P.C.No. /2016 dated 11.08.2017.

(2.) I have heard the learned counsel for appellantcomplainant and the learned counsel for respondentaccused. Though this case is posted for admission, with consent of both counsels appearing for parties, it is taken up for final disposal.

(3.) The gist of the complaint is that the complainant and accused were well acquainted with each other and accused requested the complainant firm for financial assistance of Rs.5,00,000.00 for the purpose of production of a film produced by accused No.2. Believing the words of accused No.1, the complainant firm issued two demand drafts for a sum of Rs.2,50,000.00 each dated 09.03.2010 and 11.03.2010. Accused No.1 has also undertaken to refund the said amount on 05.01.2011, but he did not make payment and issued a cheque bearing No.831547, drawn on Syndicate Bank, Bangalore, dated 05.01.2011 for a sum of Rs.5,00,000.00 but the accused did not pay the amount. Thereafter, the cheque issued by the accused was presented for encashment, but it was returned with a shara insufficient balance at the opening of the day. Thereafter, a notice was issued by the complainant to the accused. In spite of service of notice, accused did not pay the amount and as such there was a cause of action to file a complaint. Though the cause of action arose on 01.02.2011, the complaint was registered on 23.07.2011 with a delay of 128 days. The Court below, after considering the fact that there is inconsistency in calculation of delay and as there was no sufficient explanation for the said delay has dismissed the complaint. As per calculation, there is a delay of 128 days in filing the complaint, but the application for condonation of delay contains only 104 days. Even the said application is not supported by any evidence or records. As such, the complaint came to be dismissed by the Court below. Being aggrieved by the same, complainant is before this Court.