Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180025492021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800148/Misc/2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with the
application for condonation of delay. The disputed cheque was
dishonoured on 02.12.2020. The complainant sent the legal
notice to the accused on 17.12.2020. The said notice were
delivered on 21.12.2020. The cause of action was arose on
06.01.2021. The present complaint is filed on 11.05.2021. The
complainant filed present application for condonation of delay.
Taking in to consideration the effect of the corona virus (Covid
19), the Hon'ble Suprime Court issued directions in SUO MOTO
WRIT PETITION NO. 3 OF 2020 to the effect of expiry of
limitation. Hon'ble Supreme Court issued following direction.
“ In case the limitation has expired
after 15.03.2020 then the period from
15.03.2020 till the date on which the
lockdown is lifted in the jurisdictional area
where the disputed lies or where the cause
of action arises shall be extended for a
period of 15 days after the lifting of
lockdown.”
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2. In the present case period of limitation was started after
lockdown. Therefore, the complainant does not require to
explain the delay. However, the complainant was unable to
filed the complaint due to demise of his mother on 20.12.2020.
Thereafter, he also infected with virus. In view of the direction
issued by Hon'ble Supreme Court the period of limitation has
been lifted. Accordingly, I hold that notice to the accused is not
required in the present case and delay should be condoned.
3. In result, I proceed to pass the following
order:
1. The application is allowed.
2. Delay to file complaint is condoned.
3. The complaint be registered as
summons case.
Mumbai, (M.Y.Wagh)
Dated : 18.06.2021 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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