JAYA RAGHAVAA COLOUR Vs. EURO IMPEX AND ORS.

JUDGEMENT

(1.) Being aggrieved by the dismissal of CMP No. 4378 of 2008 in unnumbered C.C. No.-- -/2008 on the file of the learned Judicial Magistrate, Bhavani, the present Criminal Revision Case has been filed. CMP No. 4378 of 2008 is an application to condone the delay of 23 days in filing the complaint under Sections 142 of the Negotiable Instruments Act, 1881.

(2.) As per the supporting affidavit to Section 5 Application, filed under Sections 138 and 142 of the Negotiable Instruments Act, 1881, the petitioner is the sole Proprietor of Jaya Raghavaa Colours, Amman Nagar, Kumarapalayam. Out of business transactions, respondents have been alleged to have borrowed Rs.4,86,000/- and cheque bearing No.458581 dated 28.06.2008 drawn on Dena Bank, Madurai Branch, given for discharge of loan amount was returned, as dishonoured. Lawyers notice dated 30.07.2008 was returned on 04.08.2008 as "left". As the petitioner was bedridden due to viral fever, he could not present the complaint, within the prescribed period. Hence, CMP No.4378 of 2008 has been filed to condone the delay of 23 days in filing the complaint.

(3.) Respondents have opposed the application. It was also contended by the learned counsel for the respondents that in another criminal proceedings in C.C.No.131 of 2008 on the file of the learned Judicial Magistrate, Bhavani, the petitioner was appearing during the relevant period, when the complaint ought to have been filed. Therefore, he submitted that the reason assigned in the supporting affidavit for condonation that the petitioner was suffering from viral fever and bedridden, was false.