NEW BHARAT PHARMACEUTICALS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Agarwal, learned counsel appearing for the petitioner. Also heard Mr. P. Choudhury, learned counsel appearing for the respondents.

(2.) The petitioner has filed this petition under Sec. 482 of the Criminal procedure Code praying for quashing the orders dtd. 17/7/2017 and 17/11/2018 passed by the Judicial Magistrat, 1st Class, Kamrup (M) at Guwahati passed in Complaint case C.R. No. 1191/2016 and the order dtd. 17/11/2018 passed by the Additional Sessions Judge (FTC) No. 3, Kamrup(M), Guwahati in Criminal nRevision No. 101/2017.

(3.) The issue involved in this matter is very small. After 5 days delay a complaint case under Sec. 138 of the N.I. Act was filed by the petitioner along with a prayer for condonation of delay and the Judicial Magistrate held that the ground of delay shown by the petitioner was not satisfactory. The petitioner had preferred a revision before the Additional Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati but the revisional Court also agreed with the view taken by the Judicial Magistrate 1st Class.