A GANESAN Vs. S MAHALINGAM

JUDGEMENT

(1.) MRS. G. Thilagavathi, learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of condoning the delay of 15 days in filing the Special Leave petition to prefer the Criminal appeal against the order of acquittal dated 29-7-2005 made in C. C. No. 69 of 2005 on the file of the learned Judicial Magistrate, Arakonam, acquitting the accused for the offence under section 138 of the Negotiable Instruments Act.

(2.) IT is contended by the learned counsel for the petitioner that the petitioner is the complainant in the case filed for the offence under Section 138 of the Negotiable instruments Act in respect of dishonouring the cheque to the tune of Rs. 3,50,000/ -. The learned counsel for the petitioner further submitted that the petitioner challenged the order of acquittal by preferring the appeal on 29-9-2005 and the same was returned on 30-9-2005 on the ground that the petitioner should file a special leave petition. It is submitted that the petitioner represented the appeal on 7-11-2005 with a Special leave Petition in Crl. O. P. No. 31531 of 2005. It is further submitted by the learned counsel for the petitioner that though the appeal was filed on 29-9-2005, thereafter the appeal was returned for the requirement of filing the Special Leave Petition, the learned counsel informed the petitioner, and thereafter the petitioner came to Chennai and signed in the papers only on 7-11 -2005 as the petitioner was suffering from ill-health on account of viral fever and thereafter the learned counsel was able to represent the papers of Appeal before the Court.

(3.) THE learned counsel for the petitioner further submits that since the criminal appeal was filed in time within the period of limitation it was bona fidely felt that no condonation for filing the Special Leave Petition was required and accordingly, criminal Appeal was numbered as Crl. A. No. 897 of 2005 and the Special Leave Petition was numbered as Crl. O. P. No. 31531 of 2005 and leave was granted, appeal was admitted and notice was ordered on 17-11-2005.