SATYABHAMA GULABRAO BHOYAR Vs. DINESH SHAMRAOJI RAUT

JUDGEMENT

(1.) ADMIT. Heard finally by consent of the parties. Smt. S.W. Deshpande, the learned Counsel waives notice on behalf of the respondent.

(2.) BEING aggrieved by the order, dated 02nd February, 2010 passed by the learned Judicial Magistrate, First Class, Morshi, the present revision application is moved by the applicant. The brief facts giving rise to filing of the present revision application are as under :- The respondent-Dinesh Raut, who is the complainant, had lodged complaint under Section 138 of Negotiable Instruments Act against the applicant/original accused. It is the case of the complainant that a cheque of Amravati District Central Cooperative Bank Limited, Shirkhed was issued by the applicant in respect of hand loan of Rs.2,00,000/- (rupees two lakhs) given to her. The complainant deposited the said cheque and the same was returned back unpaid on the ground of "insufficient amount" in the account of the applicant. The complainant issued a notice dated 15.06.2009. The accused avoided to accept the notice. The complainant waited for some time i.e. up to 15.07.2009 and as the amount was not returned back, the complaint was filed. As there was a delay, an application was moved for seeking condonation of delay. Reply was filed by the accused to the application objecting the condonation of delay. Learned Magistrate, on considering the grounds raised for seeking condonation, condoned the delay and allowed the application. Being aggrieved by the said order, the present application is moved.

(3.) HEARD the learned Counsel appearing on behalf of the respective parties at length and perused the record.