S RIYAS @ RIYAZUDEEN Vs. R RAJA

JUDGEMENT

(1.) The revision petitioner has preferred this revision under Section 397 r/w Section 401 of Criminal Procedure Code, challenging the order dated 28.06.2011 made in Cr.M.P. No. 118 of 2011 in S.T.C. No. 45 of 2011 on the file of the Fast Track Court (Judicial Magistrate) Thanjavur, Thanjavur District. Heard the learned Counsel for the Petitioner and the learned Counsel appearing for the respondent/de-facto complainant.

(2.) It is seen that the case was taken on file in S.T.C. No. 45 of 2011 based on the complaint given by the respondent herein under Section 138 of Negotiable Instrument Act.

(3.) It is seen that there was a delay of 31 days in filing the petition before the Court below and that was allowed. Subsequently, the petitioner herein filed Crl.M.P. No. 118 of 2011 under Section 258 Cr.P.C. seeking to drop all further proceedings and also to recall the summons issued to the petitioner/accused. In the affidavit filed before the Court below, the petitioner has stated that without providing reasonable opportunity to the petitioner, the delay was condoned by the Court below and if the order is not set aside, it would cause prejudice to the revision petitioner.