Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 ... C.C.NO.5800009/MISC./2020
MHMM180003542020
ORDER BELOW EXH.01 IN C.C.NO.5800009/MISC./2020
(Dated 22.02.2023)
1. The complainant filed present application for condone the
delay for filing the complaint u/sec.138 of Negotiable Instrument Act.
The disputed cheque bearing No.492339 dated 30.07.2019 for
Rs.94,810/ was dishonoured on 25.10.2019. The complainant sent the
legal notice dated 06.11.2019 by RPAD and it was received by the
accused on 19.11.2019. The cause of action was arisen on 04.12.2019.
The complaint ought to have filed on or before 04.01.2020. The present
complaint is filed on 08.01.2020. There is four days delay. The
complainant filed present application for condonation of delay.
2. The say of the accused is called but the accused has failed
to file his say.
3. Ld. Advocate Mr. Kamlesh Badgujar submitted on behalf of
the complainant that the complainant had attended funeral of family
friend out station and was unable to return to the city within stipulated
period. Due to this reason, the complainant could not file the complaint
within stipulated period.
4. In view of section 142 of Negotiable Instrument Act, no
court shall take cognizance of the offence punishable u/sec.138 except
upon a complaint in writing made by the payee or holder in due course
of the cheque and such complaint is made within one month of the date
on which the cause of action arise under clause (c) of proviso to section
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… 2 ... C.C.NO.5800009/MISC./2020
138, provided that the cognizance may be taken after the prescribed
period if the complainant satisfies the court that he had sufficient cause
for not making the complaint within such period. In the present case,
the complainant was out station to attend funeral of his family friend
and unable to return in the city within stipulated period, due to this
reason he was unable to file present complaint within stipulated period.
The delay is not intentional. In such circumstances, in my view, delay
deserves to be condoned in the interest of justice. Hence, I proceed to
pass following order :
O R D E R
1. Delay in presentation of the complaint is hereby
condoned subject to cost of Rs.1,000/ payable to the
State.
2. The complaint be registered as summary case after
payment of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 22.02.2023 58th Court, Bandra, Mumbai.
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