Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 11902/2024
RAJESH KUMAR VS. MANJAY PATHAK
11.06.2025
Present: Ms. Yukti, Ld. Counsel for the complainant.
Complainant in person.
Sh. Rajnish Pratap and Sh. Vimal, Ld. Counsel for the proposed accused.
Proposed accused in person.
Matter is at the stage of hearing of cognizance.
The instant complaint has been filed under Section 138 of Negotiable
Instruments Act.
Notice u/s 223 (proviso) BNSS was issued to the proposed accused on
LDOH. Proposed accused has entered appearance today and submits that the complaint has
been filed 26 days after the expiry of limitation period for filing of the present complaint.
Application for condonation of delay in filing the complaint has been filed
with the complaint. Copy has already been supplied to the opposite party. Ld. Counsel for
the complainant submits that the delay in filing the complaint has been due to
hospitalization of mother of complainant. Averments to this effect have been made in the
application. The application is opposed by Ld. Counsel for the proposed accused on the
ground that medical documents filed with the application relate to the period ending on
06.09.2024 i.e. the date when the patient was discharged, whereas the present complaint has
been filed much beyond that period. Further, the ailment/ medical issue of the mother is not
serious in nature. Further, it has been submitted by Ld. Counsel for the proposed accused
that mother of the complainant was admitted in Ganga Ram Hospital and the complainant
could have come to the Court to file the complaint while she was admitted there.
Ld. Counsel for the complainant has further submitted that the mother of the
complainant was over 70 years of age and was suffering from multiple organ failure.
Further, it has been submitted that mother of the complainant succumbed to her ailments
later on and that the complainant was her only living son who was responsible for her care.
Heard. Considered.
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Considering the ground taken by the complainant for condoning the delay
and the fact that the same is accompanied by medical document, the delay in filing the
present complaint is hereby condoned. In a medical situation as submitted, it cannot be
expected from a prudent person to attend to filing of a complaint in the Court. Further, it is
undisputed that the mother of the complainant expired after the alleged discharge on
06.09.2024. Considering the totality of circumstances, the Court is satisfied that the
complainant had a sufficient cause for not making the complaint within the prescribed
period.
Apart from the aspect of limitation dealt above, there is no other deficiency
in othe aspects of limitation and points of taking cognizance.
Complaint, affidavit of evidence and other documents perused. I hereby take
cognizance of the offence punishable under Section 138 of NI Act qua the cheque in
question.
Following the law laid down by the Hon'ble Supreme Court in “A. C.
Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit of
evidence and annexed documents considered. Inquiry under Section 202 Cr.P.C. conducted.
In view of the same I am satisfied, there are sufficient grounds for proceeding
further against accused person for offence punishable under Section 138 N. I. Act qua the
cheque in question.
There is no requirement for issuing formal summons to accused as he has
already entered appearance before the court.
It is stated by the Ld. Counsel for accused that he has already received copy
of complaint and annexed documents from the complainant.
List the matter for furnishing of bail bonds/ framing of notice on 01.08.2025.
(Danveer)
Judicial Magistrate First Class-04, NI Act
11.06.2025
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