SAREGAMA INDIA LIMITED Vs. SOHAIL MAKLAI ENTERTAINMENT

JUDGEMENT

(1.) Order dated 1st April, 2013 passed by the learned Chief Metropolitan Magistrate, Calcutta in case no. C -2351 of 2012 under Section 138 of the Negotiable Instrument Act rejecting the prayer for condonation of delay for six days and consequentially dismissing the petition of complaint has been assailed.

(2.) The factual matrix of the case is as follows: The petition of complaint was filed on 15th February, 2012 under Sections 138/141 of the Negotiable Instrument Act against the opposite parties herein along with an application for condonation of delay of six days in filing the complaint. Learned Magistrate by the impugned order dated 1st April, 2013 declined to condone the delay as he was not satisfied with the explanation offered by complainant/petitioner to the effect that he was ill and thereby prevented from filing the petition of complaint.

(3.) Mr . Basu, learned senior counsel appearing for the petitioner submitted that the prosecution is in respect of a dishonoured cheque of Rs.27 lakhs and the delay was for a meagre period of six days. Such delay was explained away by the petitioner on the score of his ill health and supporting medical documents were also filed. He further submitted that the learned Magistrate dealt with the matter in a hyper -technical manner and illegally turned down the plea of the complainant.