LALAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondents.

(2.) THE petitioner is aggrieved by the order dated 10.3.2010 passed by Shri Amit Sekhar, learned Judicial Magistrate, Ranchi, in Complaint Case No. 2533 of 2008, whereby the condonation application filed on behalf of the complainant under Section 142(b) of the Negotiable Instruments Act was allowed by the Court below in the interest of justice, and on the basis of material on record, prime facie case was found against the petitioner for the offence under Section 138 of the said Act and order was issued to issue process against the petitioner to face the trial. The petitioner has filed this writ petition praying to quash the said order, which has been brought on record as Annexure-2 to this writ petition.

(3.) IT also appears that an application for condonation of delay in filing the complaint was filed by the complainant, which was allowed by the Court below by the impugned order dated 10.3.2010 only stating that the said application is allowed in the interest of justice. No valid reason whatsoever, except the above, is given in the impugned order for condoning the delay in filing the complaint. The impugned order, in this respect is absolutely a non-speaking order, which cannot be sustained in the eyes of law.