MAHIPAL SINGH Vs. MANOJ KUMAR

JUDGEMENT

(1.) The applicant has preferred this present revision against the order dated 30.11.1988 passed by the Additional Judge to Additional Sessions Judge, Burhanpur in Criminal Revision No.129 of 1997 whereby it was directed that delay in filing the criminal complaint was condoned and the learned JMFC, Burhanpur was directed to proceed with the case.

(2.) The facts of the case in short are that the respondent no.1/complainant has lodged a complaint against the applicant on the ground that a cheque issued by the applicant was dishonored on 21.5.1994. Thereafter, a notice of demand was given on 28.5.1994 which was received by the applicant on 2.6.1994 but, no payment was made therefore, cause of action arose to the complainant on 17.6.1994 and he was entitled to file a complaint up to 16.7.1994. He filed the complaint with delay of 5-6 days because he was suffering from amoebic colitis within the period 15.7.1994 to 21.7.1994. He had also moved an application under Section 5 of the Limitation Act. The trial Court registered the complainant vide order dated 24.1.1995 but, thereafter an enquiry took place for the application under Section 5 of the Limitation Act and vide order dated 24.7.1997 the application under Section 5 of the Limitation Act was dismissed and the complaint was also dismissed. The complainant has challenged that order before the revisionary Court and vide order dated 30.11.1998 the learned Additional Judge to Additional Sessions Judge, Burhanpur accepted the revision and delay was condoned.

(3.) I have heard learned counsel for the parties.