P.D. LAKHANI Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This order shall dispose of the above mentioned petitions as common questions of law and facts are involved therein. However, for the facility of reference, the facts are taken from CRM-M-2470-2019.

(2.) This is a petition under Section 482 Cr.P.C. for quashing the order dated 1.5.2012 passed by the Judicial Magistrate, 1st Class, Faridabad, in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), vide which an application seeking condonation of delay filed by the complainant Bank, was allowed.

(3.) Learned Senior Counsel appearing for the petitioner has argued that vide the impugned order, the delay in filing the complaint beyond the period provided under the Act, was condoned without any notice to the petitioner (accused in the complaint) and without giving any reason and on the same day i.e. 01.05.2012, the petitioner was summoned.