Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 01 … C.C.NO.151/MISC/2018
MHMM180055612018
ORDER BELOW EXH.01 IN C.C.NO.151/MISC/2018
(Dated 04.01.2023)
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. After dishonour of the cheque, complainant sent demand notice
dated 04.01.2018, which was received by the accused on 08.01.2018. The
cause of action arose on 23.01.2018. The complainant ought to file complaint
on or before 23.02.2018. The complaint has been filed on 03.05.2018. There
is delay of 70 days to file the complaint. It is contended that the complainant
was suffering from chronic back pain and the doctor has advised her to take
bed rest completely for 8 weeks. As she is aging, this problem has been
exaggerated. She could not file her complainant within the limitation period
due to her pathetic health condition.
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 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
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not intentional. In such circumstances, 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.2,500/ payable to the State.
2. The complaint be registered as summary case after payment
of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 04.01.2023 58th Court, Bandra, Mumbai.
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