The 1st respondent herein filed a complaint under Section 138 of the Negotiable Instruments Act,1881 with a delay of 342 days and the said application is allowed by XI Additional Chief Metropolitan Magistrate, Secunderabad by an order dated 22-07-2011 after considering the objections of the petitioners herein. Aggrieved by which, petitioners herein preferred a revision. The revisional court confirmed the orders of learned Magistrate. Aggrieved by the same, present petition is filed to set aside those orders. 03. Advocate for petitioners submitted that when there is a delay of 342 days in filing complaint, the party is expected to explain the delay with a cogent and convincing reasons, but, in this case, there are no such reasons, even then the learned Magistrate simply accepted the delay. He submitted such order is confirmed by the revisional court on the simple ground that petitioners herein have received costs of Rs.2000/- imposed by the trial court as a condition precedent for allowing the application. It is submitted that when there is a delay in instituting a case, party is expected to explain every day’s delay and the quantum of delay is not a criteria and reason for the delay is to be seen, but, in this case, without any proper reason delay of 342 days is condoned. To support his arguments, he cited a ruling of Delhi High Court in Ram Kishor Vs. Geeta Devi & Anr ( in Crl.M.C.No.1019 of 2012 decided on 05-09-2012) wherein Hon’ble Delhi High Court observed quantum of delay is not important and what is important is
