HARESH Vs. MASCOT TRADE LINKS, GWALIOR

JUDGEMENT

(1.) THE present petition under section 482 of CrPC has been preferred seeking for the following relief

(2.) IT is submitted by the counsel for the petitioner that one private complaint under section 138 of the NI Act was preferred by respondent -Mascot Trade Links Ganesh Bazar, Lashkar, Gwalior against present petitioner Haresh. This complaint was barred by limitation being filed after a period of 15 -20 days but this fact was overlooked by both the Courts below and therefore the orders passed are against the facts and law. It is therefore submitted that the petition may be allowed and relief claimed therein may be granted in favour of the petitioner.

(3.) IN turn, it is submitted by Shri Bahirani, learned counsel for the respondent that 15 -20 days in filing the present complaint was already condoned by the trial Court on the ground that the complainant was suffering from Hepatitis. Hence, the orders passed by the Courts -below are well merited in the light of the provisions contemplated in section 142(b) of the NI Act. That apart the present petition which has been preferred amounts to second revision which is not maintainable. On such premises, it is prayed that the petition may be dismissed.