Final Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180000722020
Misc Cases/5800002/2020
MURLI KISAN NAYAK Vs. RAJESH SUNIL
RATHOD
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.01
1. This is an application for condonation of delay approximately
for the period of 2 years caused to file the complaint under section 138 of
Negotiable Instrument Act.
2. It is contended on behalf of the complainant that accused has
received demand notice on 23.09.2017. However, due to health problem and
and as complainant was suffering from high fever and jaundice, his doctor
has advised him to take rest. He could not attend office of the advocate.
Therefore, the delay is caused to present the complaint.
3. The respondent is duly served with the delay condonation
application notice long back on 21.02.2022, but has not chosen remedy to
context the petition.
4. Advocate for complainant absent. However, I have heard the
complainant who seems to be working as security guard with Nationalized
Bank. On hearing him, he has reiterated all the contents of his application as
well as narrated correctly the transaction in between him and accused. He
has paid the amount by cheque to the accused against which the accused has
issued subject cheques which were dishonoured raising to file complaint.
5. No doubt delay for more than 2 years have caused in presenting
the complaint. However, delay can not take away the statutory remedy and
right granted to aggrieved person. On hearing the complainant coupled with
documents on record, prima facie case is made out by the complainant
against the accused to go for trial. With the blame of reputation, delay will
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Order Below Exh.01
not vitiate the remedy when the prima facie evidence on record is sufficient
to held the trial against the accused. There is sufficient cause to condone the
delay explained by the complainant. Therefore, I pass following order.
O R D E R
1) The delay stands condoned subject to costs of Rs.50/- to be paid
to Legal Aid Fund within 8 days.
2) The case be registered as Summary Criminal Case after
depositing the costs by the complainant.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 19.04.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order Below Exh.01
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 19.04.2024.
Transcribed and Typed on : 19.04.2024.
Order printed and Signed on : 19.04.2024.
Order Uploaded on : 19.04.2024.
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