GYAN CHAND JAIN Vs. ANAND BAFANE

JUDGEMENT

(1.) This petition is directed against the order dated 10-2-2010 passed by the Judicial Magistrate First Class, Durg in Case No. 243/2009 rejecting the application filed by the Petitioner for dismissal of complaint on the ground that the complaint was barred by limitation and that without giving any opportunity of hearing to him the delay has been condoned and the case has been registered against him.

(2.) Facts of the case in brief are that on 29-9-2006 the Respondent/ complainant herein filed a complaint case under Section 138 of the Negotiable Instruments Act against the Petitioner alleging inter alia that a cheque for Rs. 2,00,000 was issued by the Petitioner on 15-2-2006 but the same was dishonoured by the bank and therefore, the Petitioner has committed an offence under Section 138 of the Negotiable Instruments Act. Apart from the complaint, the Respondent/complainant had also filed an application under Section 142-B of the Negotiable Instruments Act for condonation of delay of 18 days in making the complaint. Reasons assigned by the Respondent/complainant for this delay having occasioned is that he was suffering from backache and was not in a position to move, he was advised for bed rest for three weeks and therefore, he could not file the complaint within limitation. This application was supported by the affidavit of the complainant and also the medical certificate. Acting upon the said complaint, on 28-7-2007 after hearing the complainant/Respondent, the Court below condoned the delay in filing the complaint, took cognizance in the matter and directed for registration of the case and issuance of notice against the Petitioner. Alter receiving notice, on 14-9-2009 the Petitioner filed an application before the Court below for dismissal of the complaint on the ground that delay in filing the same was condoned without giving him an opportunity and a mistake has been committed by the Court and, therefore, the entire complaint is liable to be dismissed. Application filed by the Petitioner was duly replied by the Respondent/complainant on 7-10-2009 stating that there is no provision under Section 142-B of the Negotiable Instruments Act for giving an opportunity of hearing to the accused and, therefore, when sufficient reason has been assigned for filing the complaint with delay, Court below was justified in condoning the delay and taking cognizance of the matter.

(3.) After hearing the parties, the Court below has rejected the application filed by the accused/Petitioner holding that after considering all aspects of the matter the Court had directed for registration of the case and the Court cannot review its own order.