SUBHASH KASHYAP Vs. STATE OF UTTARANCHAL AND ANOTHER

JUDGEMENT

(1.) By means of this petition, a prayer has been made to quash and set aside the entire proceedings of criminal case no. 279 of 2005 titled as K.N. Bhalla Vs. Doon Cambridge School and others . The case was instituted by K.N. Bhalla before Chief Judicial Magistrate, Dehradun for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity hereinafter called as Act ) in which Subhash Kashyap is accused.

(2.) From the perusal of order dated 03.09.2005 (Annexure no. 7 to the petition) passed by Judicial Magistrate, Dehradun, it reveals that the complaint itself was time barred. It was not filed within the stipulated time, as adumbrated under the Act. The complainant moved a delay condonation application, which was allowed vide order dated 03.09.2005 without rendering opportunity of hearing to the prospective accused Subhash Kashyap. After condoning the delay, by an unspeaking order, cognizance was taken by the Magistrate on 16.09.2006 for the offence under Section 138 of the Act, which is under challenge.

(3.) Learned counsel for the applicant has argued that Magistrate was not justified in condoning the delay, much less without providing an opportunity to the prospective accused Subhash Kashyap for resisting the delay condonation application. Even the delay condonation application was allowed ex parte, that too without any speaking order.