Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180058792018
ORDER BELOW EXH.01
IN C.C.NO.112/MISC/2018
(Old C.C.No.4800331/MISC/2014)
(Dated 22.12.2021)
1. This is an application to condon the delay to file the complaint
u/s.138 of the Negotiable Instruments Act. There is delay of 19 days in
presentation of the complaint. The application initially filed before Ld.
Metropolitan Magistrate, Andheri and it was numbered as
C.C.No.4800331/MISC/2014. It has been transferred to this court in the year
2018 and renumbered C.C.No.112/MISC/2018. The notice was issued to the
respondent for calling upon say on the application. The notice is duly served
to the respondent on 12.01.2019, but he never appeared before the court.
Hence, the application is heard exparte.
2. As per the complainant, after dishonour of the cheque, a legal
notice dated 21.07.2014 sent on 22.07.2014 which was delivered to the
accused on 23.07.2014. The cause of action arose on 08.08.2014. The
complainant ought to file complaint on or before 07.09.2014. The complaint
has been filed on 26.09.2014. There is 19 days delay to file the complaint.
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, cause of action arose on 08.08.2014.
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The complaint required to be filed on or before 07.09.2014. The complainant
could not filed the complaint as the representative of the complainant could
not attend the court due to the illness of his mother. Thus, he was unable to
file present complaint within stipulated period. The delay is not 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.2,000/ payable to the State.
2. The complaint be registered as summary case after payment
of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 22.12.2021 58th Court, Bandra, Mumbai.
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