TIRUPATI BALAJI ENTERPRISE Vs. MICKY METALS LIMITED

JUDGEMENT

(1.) This is an application for quashing of a proceeding as well as the order dated 18th February, 2019 passed by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta in Case No. CNS/46/2019 corresponding to F. Case No. CNS/9209/2019, presently pending before the learned Metropolitan Magistrate, 20th Court, Calcutta under Section 138 of the Negotiable Instruments Act.

(2.) Learned counsel appearing for the petitioner/complainant submits as follows. Learned Magistrate erred in passing the impugned order thereby allowing an application under Section 142(b) of the Negotiable Instruments Act filed on behalf of the petitioner/complainant. A delay of two days was condoned without hearing of the accused/opposite party. As such, the impugned order ought to be set aside and the proceeding shall restart from that stage.

(3.) Learned counsel appearing for the accused/opposite party submits as follows. The petitioner/complainant has no objection if the accused is heard on the question of condonation of delay of two days in filing the petition of complaint under Section 138 of the Negotiable Instruments Act.