THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2184 of 2011 ORDER: The petitioner preferred the present Criminal Revision Case challenging the order dated 1.8.2011 passed by the learned Metropolitan Sessions Judge, Hyderabad in Criminal R.P. No. 218 of 2008, whereby he allowed the application filed by the complainant. The respondent-complainant herein filed a case under Section 138 of the Negotiable Instruments Act, 1881(for short ’the Act’) before the trial Court and in that he filed a petition, being Crl. M.P. No. 1700 of 2006 under Section 142(b) of the Act to condone the delay of 18 days in filing the complaint. The said petition was dismissed by the trial Court. Aggrieved over the same, the respondent-complainant preferred Crl.R.P. No. 218 of 2008 before the learned Sessions Judge and the learned Sessions Judge allowed the said petition and condoned the delay. Challenging the same, earlier, the petitioner preferred Criminal Petition No.664 of 2009 before this Court and my learned brother, Sri N. Ravi Shankar,J has allowed the said petition on 18.1.2011 and remitted the matter back to the learned Metropolitan Sessions Judge with an observation that the learned Sessions Judge has to give cogent reasons to find out whether the medical certificates are in accordance with law. On remand, the learned Sessions Judge passed the impugned order wherein the learned Sessions Judge has stated that the complainant has filed the medical certificate to substantiate his plea that he was not well and on that ground, he could not approach the Court. Learned counsel for the petitioner submitted that in the medical certificate, the name of the complainant’s father was not found place and hence the authenticity of the medical Certificate itself is in dispute and as such the learned Sessions Judge could not have accepted the Medical Certificate and passed an order allowing the revision petition and the said order is erroneous and against the observations made by this Court in the earlier Criminal Petition. This Court perused the entire records and also the remand order. It is not necessary that in all cases, a person who claims that he is suffering with some illness has to produce some medical certificate. Further as rightly observed by the learned Sessions Judge the delay is only 18 days, which is very negligible and hence the same can be condoned. Considering the same, this Court does not find any perversity or illegality in the order passed by the learned Sessions Judge in condoning the delay and the Criminal Revision Case is liable to be dismissed on this ground. The Criminal Revision Case is accordingly dismissed. However, the presence of the petitioner before the trial Court is dispensed with except on the dates on which the learned trial Judge insists for the same and the petitioner shall be properly represented by a counsel. _________________ RAJA ELANGO, J. Date: 3.11.2011 pnb