Tirupati Balaji Enterprise v. Micky Metals Limited
2020-02-06
JAY SENGUPTA
body2020
DigiLaw.ai
JUDGMENT Jay Sengupta, J. - This is an application for quashing of a proceeding as well as the order dated 18th February, 2019 passed by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta in Case No. CNS/46/2019 corresponding to F. Case No. CNS/9209/2019, presently pending before the learned Metropolitan Magistrate, 20th Court, Calcutta under Section 138 of the Negotiable Instruments Act. 2. Learned counsel appearing for the petitioner/complainant submits as follows. Learned Magistrate erred in passing the impugned order thereby allowing an application under Section 142(b) of the Negotiable Instruments Act filed on behalf of the petitioner/complainant. A delay of two days was condoned without hearing of the accused/opposite party. As such, the impugned order ought to be set aside and the proceeding shall restart from that stage. 3. Learned counsel appearing for the accused/opposite party submits as follows. The petitioner/complainant has no objection if the accused is heard on the question of condonation of delay of two days in filing the petition of complaint under Section 138 of the Negotiable Instruments Act. 4. I have heard the submissions of the learned counsels representing the parties and have perused the revision petition. 5. A delay of a mere two days was condoned by the learned Magistrate after perusing medical papers. However, the accused was not heard. 6. In order that the matter is not protracted any further and in view of the submissions made on behalf of the learned counsels of both the parties, I set aside the impugned order and remand the matter back to the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta so that the application under Section 142(b) of the Negotiable Instruments Act is heard afresh after hearing of the accused/opposite party. 7. The learned Magistrate is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties. 8. With these observations, the revisional application and the connected application are disposed of. 9. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.