TRIDIP CHANDA Vs. MD. SAHA ALAM MIAH

JUDGEMENT

(1.) This petition is filed by the original accused. He has challenged an order dated 25.01.2018 passed by the learned Additional Chief Judicial Magistrate, West Tripura by which cognizance of a complaint filed by the respondent No.1 herein against the petitioner for offence under Section 138 of the Negotiable Instrument Act ('N.I. Act' for short) was taken.

(2.) Brief facts are as under:

(3.) Appearing for the petitioner original accused, learned counsel Mr. Sankar Lodh submitted that the complaint was filed beyond the period of limitation prescribed under Section 142 of the N.I. Act. No order condoning the delay was passed by the Magistrate. No such order could have been passed without hearing the accused. In support of these contentions he relied on certain decisions reference to which would be made at a later stage.