THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.6038 of 2009 BETWEEEN: Battu Willium Cary BOB, S/o.Late Raja Rao. … Petitioner AND 1. The State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6038 of 2009 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in CC.No.212 of 2005 on the file of Judicial Magistrate of the First Class, Kaikalur, Krishna District. The only contention urged by the petitioner’s counsel before this Court is that there was delay of 326 days in filing the complaint before the lower Court and that for condoning the said delay, the 2nd respondent/complainant filed Crl.M.P.No.1425 of 2005 in the lower Court and that the lower Court without ordering notice to the respondent/accused therein, allowed the petition condoning the delay. This Court is of the opinion that in a petition filed under Section 142(b) of the Negotiable Instruments Act for condoning the delay before taking cognizance of the complaint, the Magistrate is expected to give notice of the said petition to the respondent/accused and should have considered arguments of the respondent/accused before passing an order either to condone the delay or refuse to condone the delay. Without doing so, the lower Curt in this case had straightaway allowed the petition even without notice to the respondent/accused. It is an illegality committed by the lower Court. 2. In the result, order passed by the lower Court in Crl.M.P.No.1425 of 2005 is set-aside directing the lower Court to reconsider the said petition and to pass final orders therein after giving opportunity to the respondent/accused to file counter and to submit arguments therein. 3. The Criminal Petition is ordered accordingly. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6038 of 2009 DATED: 28.03.2011 ysk