PRATAPSINH KALYANSINH PARMAR Vs. YUSUFBHAI KUTUBUDIN BHARMAL

JUDGEMENT

(1.) By way of this application, the applicant herein challenges the order dtd. 2/6/2022, by which 9th Chief Judicial Magistrate Court, Jamnagar dismissed the application filed under Sec. 142(B) of the Negotiable Instrument Act, seeking condonation of delay in filing complaint under Sec. 138 of the N.I. Act and same has been confirmed by the Revisional Court at Jamnagar.

(2.) Facts and circumstances giving rise to file the present application are that, the applicant lent Rs.7,00,000.00 to respondent no. 2, against which, post dated cheques was issued and same was returned 'unpaid' on 23/6/2016. The statutory notice was served on 8/7/2016 and detailed reply given by the respondent no. 2 on 12/7/2016. The applicant herein could not file the complaint in a statutory period. The complaint presented on 18/12/2019 along with delay condonation application. The delay condonation application being registered as Criminal Misc. Application 1096 of 2019.

(3.) The learned 9th Additional Chief Judicial Magistrate Court, Jamnagar, after hearing the applicant herein, was pleased to reject the delay condonation application vide its order dtd. 2/6/2022. In para-8 of the order, learned trial Court while rejecting the application observed thus: