HIREN ASHWIN SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally.

(2.) The Petitioner assails the legality, propriety and correctness of an order dtd. 20/12/2022, passed by the learned Additional Sessions Judge (Borivali Division), Mumbai in Criminal Revision Application No.63 of 2021, whereby the Revision preferred by the Petitioner came to be dismissed, affirming the order dtd. 22/1/2021, passed by the learned Metropolitan Magistrate, 43rd Court, Borivali, in CC 261/Misc/2020, condoning the delay of 1259 days in filing the complaint for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (the Act, 1881).

(3.) Shorn of unnecessary details, the background facts can be stated as under :