MAHABALESHWAR R HEGDE Vs. LAKSHMI A SALGAOCAR

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 26/11/2007 by which the learned Additional Sessions judge has declined to condone the delay of 1 year, 11 months, and 4 days in filing a revision application against order dated 11 / 2/2005 of the learned Chief Judicial Magistrate, Margao.

(2.) THE petitioner herein is the complainant in cc No. 22/oa/ni/2005/iii and shall be referred to as such, herein after. The complaint was filed against 6 accused and the respondents herein are accused Nos. 3 to 6 in the said case. The complaint was filed under section 138 of the Negotiable instruments Act, 1881.

(3.) SOME more facts are required to be stated to dispose of the present revision. On 7/01/2005, the complainant filed an affidavit and on 11/02/2005, the learned cjm passed an order issuing summons against accused Nos. 1 and 2 only. That order was passed on the body of the complainant and is otherwise reflected in the roznama of the same date. Howevcr, it appears that the concerned clerk whilst issuing process issued summons to all the accused instead of A-l and A-2, as ordered. Accused No. 1 appeared before the Court on 11/03/2005 and accused No. 2 appeared on 1/07/2005.