HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1625 of 2008 ORDER: The petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.281 of 2007 on the file of the Addl. Judicial Magistrate of First Class, Adoni, taken on file for the offence under Section 138 r/w 142 of the Negotiable Instruments Act, 1881. Heard. Learned counsel for the petitioner contended that without giving any notice to the petitioner, the learned Magistrate ordered the petition filed by the complainant 1st respondent herein seeking to condone the delay of 12 days in presenting the complaint and took cognizance of the offence. He further contended that when a petition is filed by complainant to condone the delay that too in a case wherein the trial Court intends to take cognizance, an opportunity should be given to the accused and a notice to the accused be ordered. In view of the earlier judgments rendered by various High Courts as well as the Apex Court, this Court is also of the view that in such a situation the learned Magistrate should have given an opportunity to the accused to make his submissions as to whether the delay is to be condoned or not. Hence, the cognizance taken by the learned Magistrate in the present case is hereby set aside. In any event, the 1st respondent-complainant is at liberty to request the trial Court to issue notice to the petitioner-accused and, on receipt of notice, the petitioner is at liberty to make his submissions and, on such submissions, the learned Magistrate is at liberty to take fresh cognizance, if he so desires. Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 17th March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1625 of 2008 (Disposed of) 17th March, 2011 CBS