IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2275 of 2008()
1. ARUN SANKAR, S/O.SANKARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. P.O.VARGHESE, PILLACHIRA HOUSE,
For Petitioner :SRI.K.P.SUJESH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/07/2008
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. NO. 2275 of 2008
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Dated: 14-07-2008
ORDER
Petitioner who is the complainant in a prosecution under
Section 138 of the Negotiable Instruments Act, 1881 filed as a private
complaint registered as Crl.M.P. No. 5417 of 2008 involving a
cheque for Rs. 4,00,000/- challenges the order dated 23-04-2008
passed by the J.F.C.M. I, Thrissur dismissing the complaint filed out of
time consequent on the rejection of the request to condone the delay
of 96 days in filing the complaint. The delay was refused to be
condoned even without ordering notice to the accused. In fact, the
impugned order states as follows:-
“The affidavit filed makes out a case that, the records were
misplaced”.
If this was the observation prima facie made by the Magistrate, then
he should have ordered notice on the delay petition to the accused.
The impugned order is, accordingly, set aside and the delay petition
stands restored to file and the learned Magistrate shall issue notice on
the question of delay to the accused and dispose of the delay petition
after hearing both sides.
This Crl.R.P. is disposed of as above.
V. RAMKUMAR,
(JUDGE)
ani.