HEMANT KUMAR Vs. RAMNARAYAN DUBEY

JUDGEMENT

(1.) This application under Sec. 378(4) of Cr.P.C. has been filed by the complainant seeking leave to file appeal against the judgment dtd. 21/2/2022 passed by the Judicial Magistrate First Class, Gwalior, in SC NIA No.6600419/2016 whereby his complaint under Sec. 138 of the Negotiable Instruments Act has been dismissed on the ground that same has been filed within 15 days from the date of receipt of notice to the accused.

(2.) Learned counsel for the petitioner has placed reliance on the decision of the Supreme Court in Yogendra Pratap Singh vs. Savitri Pandey and another, (2015) 1 SCC (Cri) 226 para 41 wherein it has been held as under:-

(3.) Learned counsel for the respondent opposed the prayer.