V. ESAKKIAMMAL Vs. S. KRISHNA RAMANUJAM

JUDGEMENT

(1.) The sake of convenience, the petitioner and the respondent herein are referred to as "the accused" and "the complainant" respectively in this order.

(2.) The complainant initiated a prosecution, under section 138 of the Negotiable Instruments Act, against the accused before the learned Judicial Magistrate No.II, Sattur, with a delay of 44 days and to condone the said delay, the complainant filed Cr.M.P.No.4350 of 2016, under section 142 of the Negotiable Instruments Act. The learned Judicial Magistrate ordered notice on the accused in the said miscellaneous petition and after hearing the complainant and the accused, by order dated 22.09.2017, condoned the delay. Aggrieved over the same, the accused is before this Court.

(3.) Mr. R. Shankar Ganesh, learned counsel for the accused, would submit that the very same complainant has set up another person, by name, Alagarsamy and initiated a similar prosecution with a delay of 52 days and in which also, the complainant therein has stated that he was physically indisposed. The learned counsel also submitted that the complainant had failed to explain the delay of six days out of 44 days and therefore, the Trial Court ought not to have allowed the condone delay application.