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2024 (11) TMI 197 - HC - Indian Laws


Issues Involved:
1. Whether the summoning order and the impugned revision order were passed erroneously without considering the delay in filing the complaint under Section 138 of the Negotiable Instruments Act, 1881.
2. Whether the complaint was filed within the statutory period as prescribed by the NI Act.
3. Whether the original legal demand notice was required to be part of the judicial record.
4. Whether the learned MM and ASJ applied judicial mind while passing their respective orders.

Detailed Analysis:

1. Delay in Filing the Complaint:
The petitioner contended that there was a four-day delay in filing the complaint under Section 138 of the NI Act, which was not condoned by the learned MM. However, the court observed that the limitation period for filing the complaint expired on a court holiday (10th August 2019), and as per Section 4 of the Limitation Act, 1963, the complaint could be filed on the next working day, which was 13th August 2019. The court found that the complaint was filed within the prescribed period, and thus, there was no delay that required condonation.

2. Filing Within Statutory Period:
The court examined the timeline of events and determined that the complaint was indeed filed within the statutory period. The cause of action arose on 10th July 2019, and the complaint was filed on 13th August 2019, which was within the permissible period considering the court holidays. The learned ASJ also upheld that the complaint was filed within time, and the court found no illegality in this finding.

3. Original Legal Demand Notice:
The petitioner argued that the original legal demand notice was not part of the judicial record, which constituted a patent illegality. However, the court noted that the original notice was indeed filed along with the complaint as per the Lower Court Record. Therefore, this contention was dismissed as unfounded.

4. Application of Judicial Mind:
The petitioner claimed that the learned MM did not apply judicial mind while issuing the summoning order. The court, however, found that the learned MM had considered the pre-summoning evidence submitted by the respondent via affidavit, as permitted under Section 145 of the NI Act. The learned MM was satisfied with the sufficient causes shown, leading to the issuance of summons. The learned ASJ also upheld this order, finding no error or illegality. The court concluded that both the learned MM and ASJ had applied judicial mind appropriately.

Conclusion:
The court concluded that both the learned MM and ASJ had acted within the bounds of law and had not committed any error or illegality in their respective orders. The inherent powers under Section 482 of the Code were not warranted in this case, as the petition lacked merit. Consequently, the petition was dismissed.

 

 

 

 

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