ANAND RAJENDRAKUMAR JAIN Vs. KAVITA SANTOSH PATIL

JUDGEMENT

(1.) The petitioner has approached this Court by filing the present writ petition, thereby challenging the order dtd. 20/12/2025 passed by the Judicial Magistrate First Class, Muktainagar, Dist. Jalgaon, whereby the application filed by the petitioner/accused for dismissal of complaint below Exh.47 came to be rejected by a speaking order.

(2.) The basic contention of the petitioner is that there was a delay in filing of the complaint and as such, the complaint ought not to have been entertained without there being an application for condonation of delay filed by the complainant. The petitioner submits that the cheque allegedly issued by the petitioner came to be dishonoured on 21/10/2022. The notice of demand was issued by the complainant on 7/11/2022. The said notice came to be served upon the petitioner/accused on 19/11/2022. The fifteen days statutory period expired on 3/12/2022. From there, within 30 days, the complaint ought to have been filed i.e. on or before 2/1/2023. However, the complaint came to be filed by the complainant on 12/1/2023. Thus, there was ten day's delay in filing the complaint and as such, the complainant ought to have filed an application for condonation of delay alongwith the complaint. In absence of any such application for condonation of delay, the complaint ought not to have been entertained and as such, the same should have been dismissed.

(3.) It is further submitted by the learned counsel for the petitioner that the said application for dismissal of complaint on the ground of delay came to be rejected without any cogent reasons and as such, this Court may quash and set aside the impugned order dtd. 20/12/2025, thereby dismissing the complaint filed by the complainant and allowing the application for dismissal of complaint filed by the applicant.