G RAVI Vs. SHIVALINGAIAH

JUDGEMENT

(1.) Respondent herein filed a complaint against the petitioner under Section 138 of Negotiable Instruments Act, 1981 (hereinafter referred to as the Act ) alleging dishonour of the cheque issued by the petitioner.

(2.) The complaint was filed before the 19th Additional Chief Metropolitan Magistrate, Bengaluru, and the same was numbered as PCR.No.7086/2012. In view of the judgment of the Hon ble Supreme Court in the case of Dasharath Rupsingh Rathod Vs. State of Maharashtra and Another, 2014 9 SCC 129, the learned Magistrate passed the following order on 20.01.2015.

(3.) The respondent complainant took return of the complaint and re-presented the same before the very same Court i.e., 19th ACMM, Bengaluru on 07.08.2015. While re-presentation of the complaint, the respondent filed an application seeking condonation of the delay of six months in re-presentation of the complaint. The learned Magistrate considered the reasons favourably and by condoning the delay directed the office to register the complaint and the same was registered in C.C.No.12114/2016 and summons were issued to the petitioner.