SURENDER YADAV Vs. NARESH KUMAR

JUDGEMENT

(1.) The petitioner who has been summoned as an accused in a complaint filed by the respondent in the Court of learned Judicial Magistrate Ist Class Gurugram, hereinafter being referred to as 'trial Court', has challenged the summoning order dtd. 11/11/2025, hereinafter being referred to as impugned order. The above mentioned summoning order has been passed in a compliant case file by the respondent for the commission of offence punishable under Sec. 138 of Negotiable Instruments Act 1881, hereinafter being referred to as 'N.I. Act'.

(2.) Heard.

(3.) It has been contended on behalf of the petitioner that the learned trial Court without looking into the facts that the complaint filed by the respondent was barred by law of limitation has passed the summoning order i.e. impugned order, and that while passing the above mentioned order the settled principles of law have been ignored. It has been highlighted by learned counsel for the petitioner that the complaint in itself shows that on the dis-honour of cheque the notice, demanding payment of requisite money, was issued on 5/6/2025 and that as per statutory provisions the limitation period for filing of complaint with regard to above mentioned notice was 19/7/2025 but the instant complaint was filed by the respondent on 23/7/2025. According to learned counsel for the petitioner, the respondent at the time of filing of complaint had not mentioned any ground justifying the delay in filing of complaint, but subsequent thereto an application was moved and the same was allowed by the learned trial Court by virtue of the impugned order, and thereafter the summoning order was passed by condoning the delay.