K GEETHAKRISHNAN Vs. M P DHAKSHINAMOORTHY

JUDGEMENT

(1.) The petitioner is the accused in a case alleging commission of offence under section 138 of Negotiable Instruments Act and facing trial for C.C.No.60 of 2006 on the file of the Judicial Magistrate No.III seeks to quash the proceeding against him.

(2.) The ground taken in support of the quash petition is that the respondent had filed the complaint with a delay of 11 days. The respondent/ complainant had towards having the delay condoned filed an affidavit in support of the petition before the Lower Court. The Lower Court had allowed such petition and taken the case on file. In so doing the Lower Court had failed to issue notice to this petitioner. The failure of the Lower Court to issue notice to this petitioner has resulted in grave injustice and prejudice to the accused. It has time and again being held that in allowing a petition for condonation of delay notice ought to be issued to the other side and an opportunity provided to oppose such condonation. Learned counsel places reliance on a decision of this Hon'ble Court in (M.Ravikumar vs. A.Arul, 2007 2 MadLJ(Cri) 1687).

(3.) I have heard the learned counsel for the respondent on the above submissions. This Hon'ble Court by the decision above said, has after discussing the law on the subject and arriving at the finding that non-issue of notice to the accused would result in violation of principles of natural justice, held as follows: