Prashant Kumar, J. - (1.) THIS application has been filed for quashing the order dated 20.05.2009, passed by Judicial Magistrate, Bokaro in C.P. Case No. 622 of 2008, whereby and whereunder, he took cognizance of the offence under Section 138 of the Negotiable Instruments Act. Mrs. Vandana Singh, learned counsel appearing for the petitioner submits that impugned order has been passed after the lapse of period of limitation and therefore same cannot be sustained.
(2.) ON the other hand, Sri D.K. Chakraverty, learned Additional PP appearing for the State submits that though the complaint was filed after expiry of period of limitation, but from the order dated 05.12.2008 of the court below, it is clear that said delay has been condoned by the court below as per provision contained under Section 142(b) proviso. Thus, there is no illegality in the impugned order. Having heard the submissions, I have gone through the record of case. From perusal of order dated 05.12.2008 of the court below, it appears that delay in filing of complaint petition has already been condoned by the learned court below, as per provision contained under Section 142(b) proviso. Thus, I find no illegality in the impugned order. Accordingly, I find no merit in this application. Same is dismissed.;