S SARAVANAN Vs. P C VISWANATHAN

JUDGEMENT

(1.) THE petitioner who is facing trial for the alleged offence under section 138 r/w 142 of the Negotiable Instruments Act, has come forward with this petition seeking for the relief of quashing the proceedings initiated against him in CC. No. 81/2005 on the file of the learned Judicial Magistrate NO. II, Erode.

(2.) THE only grievance put forward by the learned counsel for the petitioner is to the effect that admittedly there was a delay in preferring the complaint and the learned Magistrate condoned the delay without ordering the notice and without affording an opportunity to the petitioner/accused to oppose the condone delay petition. It is submitted that in view of such procedure adopted by the learned Magistrate, the entire proceedings are vitiated and therefore, the proceedings pending against the petitioner are liable to be quashed. In support of his contention, the learned counsel placed reliance on the decision of this Court in Sanjay Raghuram and another -vs- M/s. Telengana Investments and Finances Ltd. reported in 2006-2- L. W. (Crl.) 607.

(3.) PER contra, the learned counsel for the respondent/complainant contended that as a matter of fact, the complainant preferred the complaint by filing the condone delay petition and the learned Magistrate after satisfying about the sufficient cause shown by the complainant to condone the delay, passed an order condoning the delay and thereafter, the complaint was taken on file. It is further submitted that the trial itself was already commenced and the complainant was examined in chief as well as the cross-examination also commenced and at that stage, the petitioner has approached this Court by filing the present petition. It is submitted that in the event of directing the learned Magistrate to give opportunity to the petitioner after the outcome of the hearing of the condone delay petition, as the trial itself was already commenced, the learned Magistrate may be directed to continue the trial proceedings from the stage of cross-examination of the complaint.