Naathulal Shrivastava v. Central Bank Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 927 of 2019 Naathulal shrivastava, S/o Late Dhaniram Shrivastava, aged about 68 years, R/o Village Aamapara, Near Dewangan Bhawan, Nahar Road, Balod, P.S. Tehsil & Dist. Balod, Chhattisgarh. ---- Petitioner

Versus

Central Bank of India through Branch Manager, Office DurgDallirajhara Main Road, Balod,Tehsil & Dist.- Balod, Chhattisgarh. --- Respondent For Petitioner :

Mr. Rakesh Pandey, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11.04.2019

1. The respondent/complainant filed a complaint under Section 138 along with an application under Section 142 of Negotiable Instruments Act, 1881 (henceforth "the N.I. Act, 1881") for condonation of 14 days' delay in filing the complaint which was allowed by the trial Court after noticing the petitioner herein resulting in condoning of delay vide order dated 3/10/2018 against which the petitioner preferred a criminal revision which has also been dismissed by the revisional Court against which this Cr.M.P. has been preferred by the petitioner.

2. Learned counsel for the petitioner submits that learned trial Court is absolutely unjustified in condoning the delay by notice under Section 142 of the N.I. Act, 1881. He further submits that illegality has been perpetuated by the revisional Court in affirming the order

of the trial Court.

3. I have heard learned counsel for the petitioner, considered his submissions and went through the records with utmost circumsepction.

4. Learned trial Court has assigned sufficient and valid reasons for exercising jurisdiction under Section 142 of the N.I. Act, 1881 for condoning 14 days' delay in filing complaint which has also been affirmed by the revisional Court. I do not find any perversity or illegality warranting interference under Section 482 of the Cr.P.C.

5. This Cr.M.P. deserves to be and is accordingly dismissed. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge Harneet