VINOD KUMAR Vs. SURINDER KUMAR

JUDGEMENT

(1.) The petitioner seeks quashing of order dtd. 4/6/2018 (Annexure P-5) passed by learned Additional Sessions Judge, Karnal.

(2.) A complaint dtd. 23/8/2012 under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') was filed by the respondent - complainant. Vide order dtd. 8/5/2013, the complaint was rejected as barred by limitation by the trial Court, upon an objection having been taken in this regard by the accused-petitioner. This order was challenged by the complainant-respondent before the Sessions Court by way of a revision petition, which has been allowed. Learned Sessions Court has held as under:-

(3.) Learned counsel for the petitioner submits that application for condonation of delay was filed by the respondent-complainant only after an objection was raised by the petitioner-accused before the trial Court. It is also submitted that the respondent-complainant failed to show sufficient cause for condonation of delay of one day and, thus, the order of the revisional court is erroneous in law.