Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180070882022
Misc Cases/5800290/2022
MRS. USHA MANE Vs. MR. SUNIL RAM HATE
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
This is an application filed by the applicant for condonation of
delay of 80 days. The applicant submitted that due to shortage of money and
no any other income source for the legal fee for filing of the present
complaint, the complainant could not be in contact with the advocate.
Therefore, the delay was caused to file the complaint within the stipulated
period.
2. Opponent duly served by registered post notice but the opponent
failed to contest the application.
3. In fact the delay of 80 days is caused for filing complaint. The
reason mentioned for causing delay though does not appear appropriate.
What is important to look into is whether complainant should be allowed or
disallowed to exercise his statutory rights on merits. Therefore in my view
even, if there is delay of 80 days, it will not take away the statutory right of
complainant to put her case on merits. So far as causing delay is concerned,
it has not caused any prejudice to the opponent who is prospective accused.
Hence, I pass following order.
O R D E R
1) The delay stands condoned subject to costs of Rs.500/-to be
paid to Legal Aid Fund.
2) Costs are condition precedent for registration of the complaint.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, (First Class),
Date : 21.06.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 21.06.2025.
Transcribed and Typed on : 21.06.2025.
Order printed and Signed on : 21.06.2025.
Order Uploaded on : 21.06.2025.
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