Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180074242022
Misc Cases/5800307/2022
M/S K KALIDAS AND COMPANY Vs. M/S KIDS
MINI CLOTHING COMPANY
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
1. This is an application for condonation of delay of 49 days filed
by the applicant. The delay is caused due to believing of false promises of the
accused to make the cheque payment.
2. Opponents duly served by registered post notices but the opponent
failed to contest the application.
3. In fact the delay of 49 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 49 days, it will not take away the statutory right of
complainant to put his 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 within one week.
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 : 27.11.2024 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 : 27.11.2024.
Transcribed and Typed on : 27.11.2024.
Order printed and Signed on : 27.11.2024.
Order Uploaded on : 27.11.2024.
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