Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 01 … C.C.NO.38/MISC/2023
MHMM180006722023
ORDER BELOW EXH.01 IN C.C.NO.38/MISC/2023
(Dated 20.04.2023)
1. This is an application to condon the delay to file the
complaint u/s.138 of the Negotiable Instruments Act. There is delay
in presentation of the complaint. The notice was issued to the
accused for calling say upon the application. The accused has failed
to file his say.
2. As per the complainant, after dishonour of the cheque,
complainant sent a legal notice dated 12.11.2022 which was received
by the accused on 26.11.2022. The cause of action arose on
12.12.2022. The complainant ought to file complaint on or before
11.01.2023. The complaint has been filed on 30.01.2023. There is 19
days delay to file the complaint. It is contended that the complainant
was not well and her doctor advised her to take rest for 7 weeks. Due
to this reason, she could not file her complaint within the limitation
period.
3. In view of section 142 of Negotiable Instrument Act, no
court shall take cognizance of 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 138, provided that the cognizance may be taken
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… 02 … C.C.NO.38/MISC/2023
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 unable to file
present complaint within stipulated period due to her sickness. The
delay is not an 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 : 20.04.2023 58th Court, Bandra, Mumbai.
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