DALCHAND SHARMA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the order under assail passed by the Court of revision as well as the Court of the first instance.

(2.) Bereft of elaborate details, briefly stated facts of the case necessary for disposal of the instant petition are that the petitioner herein is the complainant of the case, who launched prosecution for the offence under Sec. 138 of the Negotiable Instrument Act. Learned Magistrate took cognizance of the offence and whereafter waited for submission of process at the hands of the complainant. It is felt that the complainant's attitude was too lethargic and due to his lackadaisical approach, he did not submit the PF within stipulated period, however, an objection has been raised that PF had already been submitted before passing of the order under assail. Be that as it may, the learned Magistrate dismissed the complaint on account of failure of the petitioner in non-furnishing the PF notices. Aggrieved by the dismissal of the complaint under Sec. 204 of the CrPC, the complainant preferred a revision petition before the Court of Sessions under Sec. 397/401 Cr.P.C. along with which, an application under Sec. 5 of the Limitation Act was also submitted, wherein he tried to show the cause precluding him from preferring the revision petition within the stipulated period. Dissatisfied with the reason shown in the application under Sec. 5 of the Limitation Act, the learned Sessions Judge dismissed the revision petition.

(3.) In this view of the matter, the instant misc. petition is allowed. The order passed by learned revisional court dtd. 17/6/2015 is quashed and set aside.