Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXHIBIT – 1 IN C.C. NO.0600250/Misc./2025
The applicant has filed application for condonation of delay in
filing the complaint under section 138 of N. I. Act, 1881. It is averred in
the application that the applicant's mother is sick and she is suffering
from cancer as well as the wife of the applicant is also pregnant and due
to which both of them are on complete bed rest. Applicant is only
taking care of his mother as well as his wife in their medical needs in
their critical conditions due to which the complainant company could
not file the complaint within the period of limitation and hence there is
delay of 53 days in filing the present complaint. As per the contents of
the application demand notice was served on 24.09.2024 to the accused
and complaint is filed on 02.01.2025. The said 53 days delay is not
intentionally, therefore applicant/complainant prayed for granting the
said application.
2. Notice was issued to the accused, he has not appeared and filed
his say.
3. Gone through the record and affidavit supported by complainant
to the said application. The record shows that demand notice was
served on the accused on 25.09.2024, after the service of notice waiting
period is of 15 days and after lapse of 15 days the complaint was
required to be filed within one month from the said 15 days. The said
delay appears to be not intention one and it is reasonable one. As per
the Hon'ble Apex Court in case of Virendra Prasad Sata Vs. State of
Bihar in which Hon'ble Apex Court has held that, delay in filing
complaint can be condoned if sufficient cause is shown in the complaint
or complainant satisfy the court that he had sufficient cause to make
complaint. In the case in hand also there is 53 days delay so also it
appears to be reasonable one. The said application of the complainant
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is filed after taking cognizance by the Court. Though the said
application is after the taking cognizance, for the interest of justice it
would be proper to give opportunity to the complainant to proceed with
the matter. Considering all these aspects, the application of the
complainant is liable to be allowed. Hence, following order is passed.
ORDER
Application for condonation of delay is allowed subject to costs
of Rs.2000/- (Rs. two thousand only) to be paid to DLSA, Bandra within
15 days from the date of order.
(A. S. Chonde)
Judicial Magistrate, First Class
Date :- 27.03.2025 6th Court, Mazgaon, Mumbai.
Signed using DigiSigner
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