Prafulla C. Pant, J.- Heard. 2. By means of this petition moved under section 482 of Code of Criminal Pro­cedure 1973, (for short Cr.P.C.,) the peti­tioner has sought quashing of the proceed­ings of criminal complaint case No. 1349 of 2008 (old No Misc. Case No. 279 of 2008 and 1778 of 2008), Govind Ballabh Raturi v. Sandeep Agarwal, relating to offence pun­ishable under section 138 of Negotiable Instruments Act, 1881, P.S. Nehru Colony, pending in the Court of Judicial Magistrate, I, Dehradun. 3. Learned Counsel for the petitioner argued that the criminal complaint filed by respondent No. 2 was admittedly barred by time. However, an application was moved by the complainant with the crimi­nal complaint, proviso to clause (b) of sec­tion 142 of Negotiable Instruments Act, 1881, for condonation of delay which was allowed by Judicial Magistrate, without issuing notices to the accused (petitioner). Having considered submissions of learned Counsel for the petitioner and after going through the impugned orders passed by the Magistrate, this Court finds that the Magistrate has erred in law in not issuing notice to the complainant on delay condo­nation application filed with criminal com­plaint. That being so impugned orders dated 4.6.2009 and 10.12.2009, cannot be sustained. 4. Therefore, this petition under sec­tion 482 of Cr.P.C, is summarily disposed of, quashing the order dated 4.6.2009 and order dated 10.12.2009, passed by Judicial Magis­trate, I, Dehradun. It is directed that Magis­trate shall give an opportunity to the ac­cused (petitioner) before passing orders on application moved under section 142(b) of Negotiable Instruments Act, 1881, and after such application if allowed, he shall proceed further on the question as to whether the accused is to be summoned or not. Accord­ingly, the petition stands disposed of. Petition Disposed Of.