VIKAS SHARMA Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) This judgment shall dispose of the present application under Section 5 of the Limitation Act for condonation of delay, as occurred in filing the main revision petition.

(2.) Challenge in the main revision petition is to an order, passed by learned Judicial Magistrate 1st Class, Court No.1, Kasauli, on 29.1.2013in an application registered as CMA No.22/04 of 2013, preferred by the petitioner, hereinafter referred to as "the accused", with a prayer to return the complaint under Section 138 of the Negotiable Instruments Act, filed against him by the respondent, hereinafter referred to as "the complainant", on the ground that since both the parties are residents of Punjab and Haryanba, respectively and the drawee bank is located at Panchkulla (Haryana), therefore, the Court below has no territorial jurisdiction to entertain and try the same.

(3.) Learned trial Magistrate has considered the application and dismissed the same, vide order impugned in the main revision petition, which is time barred and sought to be entertained on condonation of delay.