Order 8

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 7581/2023
AMIT AGGARWAL Vs. RADHEY SHAYAM
05.01.2026
Present : Ms. Sunita, Ld. Counsel for complainant.
Mr. Mohd. Zakir, Ld. Counsel for accused through VC.
Matter is at the stage of order on application for condonation
of delay.
Be awaited for orders till 04:00 PM.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act)-03
Central/Delhi/05.01.2026
At 04:00 PM
Present : None.
Ld. Counsel for complainant has filed an application
for condonation of delay on the ground that during the relevant
period of time complainant was out of station due to which
complaint could not be filed within the period of limiatation.
Hence, it is prayed that delay of 28 days in filing the present
complaint be condoned and matter be proceeded with in
accordance with law.
Court notice was issued to proposed accused and the
same was duly served. It is submitted by Ld. Counsel for proposed
accused that the complainant has not mentioned any purpose of
visit. Ld. Counsel further submits that there is no bonafide ground
to condone the delay. Accordingly, it is submitted that application
at hand be dismissed.
Arguments heard on behalf of the complainant.
Application and complete record have been perused.
As per proviso to section 142(b) of NI Act, if the
complaint is filed after the prescribed period of one month,
congnizance may be taken only if the complainant satisfies the
Court that he has sufficient cause for not making the complaint
within such period. While considering explanation offered by the
complainant, the quantum and length of the delay of period is not a
relevant factor. In catena of cases, it has been held that Court
should take pragmatic approach in deciding the application for
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condonation of delay and the Court should generally be liberal in
allowing such application. It is also a trite principle of law that
procedural law is handed of justice and substantial cause of justice
should not be allowed to be defeated on account of technicalities of
law.
Applying the aforesaid principles to the present
matter, the Court is of opinion that the delay in filing the complaint
is bonafide in nature and the delay was neither intentional nor
deliberate. In view of the above discussion, the Court finds that
there is sufficient cause for not filing the present complaint within
the prescribed period to time as provided under the statute. Hence,
the present application for condonation of delay is hereby allowed.
Nothing mentioned herein shall be construed as an opinion on the
merits of the case.
Application stands disposed of accordingly.
Put up for further proceedings on 22.04.2026.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act)-03
Central/Delhi/05.01.2026
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