Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.63/MISC./2023
Exh.01
MHMM180019302023
C.C.No.63/MISC./2023
Mohammad Salimuddin Raini
Vs. Anand Kumar Pathak
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
1. This is a delay condonation application filed by the
complainant. According to the complainant 19 days delay is caused to file
the complaint. The delay is caused for the medical reason of illness on
account of breathing difficulty, cough and cold.
2. The respondent/accused appeared through advocate but failed
to file reply.
3. Heard Advocate S.R.Singh for the applicant.
4. The reason for delay is supported by the affidavit and medical
certificate. So far as the legality of the cheque is concern, that can be seen at
the time of final hearing. No prejudice will be caused to the rights of the
respondent/accused at this stage of proceeding, if delay is condoned subject
to cost. Delay can not take away the statutory right of the party. The delay is
explained. Hence, I pass following order.
O R D E R
1) The application is allowed subject to cost of
Rs.2,000/ be paid to Legal Aid Fund.
2) Costs are condition precedent to register the
complaint.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 06.07.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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