Final Order 2

Order Details: Order Below EX 1
Pdf Text: C.C.No.65/MISC./2023
Exh.01
MHMM180020102023
C.C.No.65/MISC./2023
Naushad Samshad Shaikh Vs.
Rajesh Kumar Yadav
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 16 days delay is caused to file
the complaint. The delay is caused for the medical reason of illness on
account of Viral Hepatitis, enteric fever and other medical issues.
2. The respondent/accused failed to file his reply.
3. Heard Advocate Mr. Amardeep Kalsi 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.500/-
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 : 28.08.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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C.C.No.65/MISC./2023
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 : 28.08.2023.
Transcribed and Typed on : 28.08.2023.
Order printed and Signed on : 28.08.2023.
Order Uploaded on : 28.08.2023.
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