BAMDEV NAYAK S/O. BAHADUR NAYAK Vs. B V SHETTY S/O. C S SHETTY

JUDGEMENT

(1.) THIS petition is filed Seeking to quash the proceedings in CO No,83620/2009 pending before the 14th Additional Chief Metropolitan Magistrate, Bangalore for the offence U/a. 138 of Negotiable Instrument Act.

(2.) PRIMARILY it is the case of the petitioner that, there is delay of 76 days in filing the complaint U/s. 138 of Negotiable Instrument Act. Without service of notice to the petitioner and without hearing the petitioner, the learned Magistrate has taken cognizance of the offence and issued process, after condoning the delay.

(3.) I have perused the material on record.