JAGNNATH PRASAD Vs. ASHISH KUMAR SAHU

JUDGEMENT

(1.) The petitioner is complainant before the trial Magistrate. He filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (henceforth "NI Act, 1881") and the said complaint was delayed by 16 days, therefore, an application as per proviso to Sec. 142 (1) (b) of the NI Act, 1881 for condoning the delay showing sufficient cause was also filed, but that application was not supported by affidavit of complainant.

(2.) Learned trial Magistrate, vide its order dtd. 21/3/2018, dismissed that application holding that no sufficient cause has been shown for delay in filing the compliant, which has been affirmed by the revisional Court, in the criminal revision filed by the complainant, against which instant petitioner under Sec. 482 of the Cr.P.C. has been preferred.

(3.) Mr. Pandey, learned counsel appearing for the petitioner would submit that both the courts below are absolutely unjustified in holding that there is no sufficient case for condoning the delay in filing the complaint has been shown by the petitioner, whereas the trial Court ought to have granted an opportunity to file affidavit in support of application for condonation of delay in filing the complaint as provided in proviso to Sec. 142 (1)(b) of the NI Act, 1881, which has not been afforded and complaint was dismissed by trial Magistrate as well as by the revisional Court.