E.Mahesh v. M.Mahesh,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.377 of 2017 ORDER :

Aggrieved by the order dated 12.09.2016 in Crl.MP.No.388 of 2016 in S.R.No.2603 of 2015 passed by the IV Additional Junior Civil Judge-cum-XXV Metropolitan Magistrate, Cyberabad, Kukatpally, this revision is filed by the accused.

Heard both sides.

The statutory provision, no doubt, entitles by Section 142(B) of the Negotiable Instruments Act, 1881, of complaint not filed within the statutory period fixed, to file within the time enlarged by the Court and once this is within the discretionary power, the trial Court exercised for the 22 days delay from the explanation given, that too, after hearing both sides, for there is no illegality or impropriety in the impugned order in allowing the Crl.MP, but for, if at all to enhance costs from Rs.1,000/ - to Rs.2,200/ -, there is nothing to interfere. Accordingly, the Criminal Revision Case is partly allowed and the impugned order is modified by enhancing the costs imposed while allowing the Crl.MP., from Rs.1,000/ - to Rs.2,200/ - payable to the accused or his counsel within the time stipulated by the Court below, after receipt of copy of this order.

Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:14-02-2017 pab