Final Order 1

Order Details: Copy of Order - 1
Pdf Text: 1 C.C. No.2001382/MISC/2024
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS
20TH COURT, MAZGAON, MUMBAI
C.C. No.2001382/MISC/2024
CNR No. MHMM12-019307-2024
Mr. Sanjay Moreshwar Patil … Complainant
V/s
Miss Nikita Kishor Jagad … Accused
ORDER BELOW DELAY CONDONATION APPLICATION
DATED 25.02.2024 (EXH.4)
Read. Heard. Perused the record.
2 The complainant has alleged that the complaint could not
be presented within limitation since she was arranging an amount for
court fees and even the court fees were not available with the stamp
vendors. The accused has failed to appear despite service of the notice
as per the postal receipt Exh.6. None has appeared for the accused to
contest the application.
3 The application is supported by an affidavit. Prima facie,
the cheque, the bank return memo, the demand notice, the returned
envelope, the postal receipts, the A.D. Card, the tracking reports would
indicate that the subject cheque has been issued and got dishonoured.
Where-after, the demand notice has been issued which was duly served.
However, the complaint could not be presented within the stipulated
period of limitation. The contentions of the complainant have remained
unchallenged due to absence of the accused. Therefore, permission can
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2 C.C. No.2001382/MISC/2024
be granted to the complainant in order to adjudge his claim on merits,
accordingly following order is passed.
ORDER
1. The delay caused in presentation of the complaint is hereby
condoned in view of Section 142 of the Negotiable Instruments Act.
2. The office to register the complaint as per rules.
3. Both the sides to note and do the needful accordingly.
(V.B. Gulve-Patil)
Date : 03.02.2025 Judicial Magistrate First Class,
20th Court, Mazgaon, Mumbai.
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