2.The case of the petitioner is that the respondent herein approached him for financial assistance. The petitioner provided financial assistance to the tune of Rs.4,00,000/-, on 22.05.2016 at 12% interest per annum, as a hand loan. To discharge the said liability, the respondent issued a cheque, dated 28.06.2017. Subsequently, when the cheque was presented for realisation, the same has been returned dishonored, on 30.06.2017, with an endorsement 'funds insufficient'. Hence, the petitioner issued a legal notice dated 27.07.2017, to the respondent, demanding payment of the cheque amount, for which, the respondent has given a false reply, dated 28.09.2017. Since no proper reply has been forthcoming from the respondent, the petitioner was constrained to give second legal notice dated 28.09.2017. Even after the said notice, since no payment has been made by the respondent, the petitioner lodged a complaint, with a delay of five days. In order to get the delay condoned, the petitioner filed a petition in C.M.P.No.6056 of 2017, before the Judicial Magistrate, Fast Track Court, Poonamallee. However, the learned Magistrate, without properly appreciating the facts of the case, has erroneously dismissed the said petition. Hence the present revision.
