R. JAYAPRAKASH Vs. D. BOOPATHY

JUDGEMENT

(1.) As against the order passed by the learned Judicial Magistrate, Fast Track Court No.1, (Magisterial Level), Erode, dismissing the petition seeking condonation of delay of 574 days in representing the complaint, this Criminal Revision Case has been instituted by the petitioner/ complainant.

(2.) The petitioner/complainant has filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter shortly referred to as 'the Act') against the respondent, which was returned for compliance. Citing his illness, the petitioner represented the said complaint with a petition to condone the delay of 574 days. The said petition was resisted by the respondent stating that the petitioner has not filed any document to support his ailment and the delay has not been properly explained and hence, prayed for dismissal of the said petition. By the order impugned herein, the trial Court has dismissed the petition on the ground that the delay was huge and inordinate and the petitioner has not explained the same with sufficient cause. Hence, this Criminal Revision.

(3.) The learned counsel for the petitioner submitted that the Court below ought to have shown liberal approach in condoning the delay of 574 days in representing the complaint, as the petitioner was suffering from SLE with Membranous Nephropathy; and Hemodyalisis was done to him and hence, the delay occurred is neither wilful nor wanton; and hence the petition has to be allowed.