A. RAHAMATHULLAH Vs. P.A.K. MANOHRAN

JUDGEMENT

(1.) The extent of the power of a Judicial/Metropolitan Magistrate to condone the delay in filing a private complaint for an offence under Section 138 of The Negotiable Instruments Act has come up for consideration in this case. The petitioner is the second accused in C.C. No. 336 of 2007 on the file of the learned Judicial Magistrate, Dharapuram. The first accused is a company by name Moulana Leathers, of which, the petitioner is a partner. The respondent has filed the said case alleging that the petitioner and the first accused have committed an offence punishable under Section 138 of The Negotiable Instruments Act. Challenging the same, the petitioner is before this Court with this petition. I have heard the learned counsel for the petitioner and the learned counsel for the respondent and I have also perused the records carefully.

(2.) The only ground raised in this petition is that the order of the learned Magistrate taking cognizance of the offence on the private complaint filed by the respondent is barred by limitation. The learned counsel for the respondent would submit that, of course, there was delay in presentation of the complaint by one day but the lower Court, according to the learned counsel, has impliedly, condoned the delay and thus the order taking cognizance is not illegal.

(3.) I have considered the above submissions.