(1.) THIS is a petition filed under Section 482 Cr.P.C. against the impugned order dated 14.2.2012 passed in complaint case no.2262/10 by the learned Metropolitan Magistrate, Rohini, Delhi. By virtue of the said impugned order, the learned Magistrate has rejected the application of the petitioner seeking condonation of delay of 12 days in filing the complaint under Section 138 of the Negotiable Instruments Act.
(2.) BRIEFLY stated the facts of the case are that the petitioner filed a complaint u/S 138 of the Negotiable Instruments Act against the respondent for dishonour of the cheque for an amount of Rs.69,000.00 or so. This complaint was filed with a delay of 12 days along with an application seeking condonation of the said delay.
(3.) THE learned Magistrate has observed that the petitioner had received a reply to the demand notice dated 07.7.2008, wherein the respondent had not only denied any liability towards the complainant but had also stated that the entire sale consideration had already been paid to the complainant. It was stated in the reply that the complainant, instead of returning the cheque in question despite the payment having been received, withheld the same and mis-utilized the cheque on presentation. THEre were serious allegations of breach of trust, cheating and fraud against the complainant by the respondent. In the light of these allegations, the learned Magistrate took the view that the explanation which has been furnished by the petitioner/complainant that the complaint could not be filed timely on account of the fact that the respondent had assured him of the payment did not inspire confidence and disbelieved the version of the petitioner for seeking condonation of delay. Hence, it rejected the application.