SUBHASH KASHYAP Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttaranchal and another
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(1.) By means of this petition, a prayer has been made to
quash and set aside the entire proceedings of criminal case no.
279 of 2005 titled as K.N. Bhalla Vs. Doon Cambridge School
and others . The case was instituted by K.N. Bhalla before
Chief Judicial Magistrate, Dehradun for the offence under
Section 138 of the Negotiable Instruments Act, 1881 (for brevity
hereinafter called as Act ) in which Subhash Kashyap is
(2.) From the perusal of order dated 03.09.2005
(Annexure no. 7 to the petition) passed by Judicial Magistrate,
Dehradun, it reveals that the complaint itself was time barred.
It was not filed within the stipulated time, as adumbrated
under the Act. The complainant moved a delay condonation
application, which was allowed vide order dated 03.09.2005
without rendering opportunity of hearing to the prospective
accused Subhash Kashyap. After condoning the delay, by an
unspeaking order, cognizance was taken by the Magistrate on
16.09.2006 for the offence under Section 138 of the Act, which is
(3.) Learned counsel for the applicant has argued that
Magistrate was not justified in condoning the delay, much less
without providing an opportunity to the prospective accused
Subhash Kashyap for resisting the delay condonation
application. Even the delay condonation application was
allowed ex parte, that too without any speaking order.;
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