VINOD CHAURASIYA Vs. R.S. BHADORIYA

JUDGEMENT

(1.) With the consent of the parties, heard finally.

(2.) This petition under Section 482 of Cr.P.C. has been filed against the order dated 14-6-2016 passed by IVth A.S.J., Gwalior in Cr.R. No. 600205/2016 arising out of order dated 21-3-2016 passed by J.M.F.C., Gwalior in Criminal Complaint Case No. 3311/2014, by which application filed by the respondent under Section 142 of Negotiable Instruments Act, 1881 (In Short NI Act, 1881), has been allowed and the delay in filing the complaint under Section 138 of NI Act, 1881 has been condoned.

(3.) The facts necessary for the disposal of the application in short are that a criminal complaint under Section 138 of NI Act, 1881, has been filed by the respondent against the applicant. The complaint was filed on 03-6-2014 along with an application under Section 5 of Limitation Act for condonation of delay. It was pleaded in the application that the complainant is the legal heir of holder of Cheque, who died on 28-4-2014 and as the complainant was busy in performing last rites of the holder of cheque therefore, the complaint could not be filed within a period of limitation.