Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 01 … C.C.NO.243/MISC/2018
MHMM180074942018
ORDER BELOW EXH.01 IN C.C.NO.243/MISC/2018
(Dated 16.02.2022)
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 04 days in
presentation of the complaint. The notice was issued to the accused for calling
say upon the application. The accused has filed his reply. The accused prayed
to reject the application.
2. As per the complainant, after dishonour of the cheque, complainant
sent a legal notice dated 08.05.2018 which was received by the accused on
14.05.2018. The cause of action arose on 29.05.2018. The complainant ought
to file complaint on or before 29.06.2018. The complaint has been filed on
03.07.2018. There is 04 days delay to file the complaint. It is contended that
the complainant was not well, he is suffering from viral fever and his doctor
advised him medication and bed rest for 3 days from 26.06.2018 and
thereafter, his advocate was out of town and returned to Mumbai on
02.07.2018. Due to this reason, he could not file his complainant within the
limitation period.
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
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… 02 … C.C.NO.243/MISC/2018
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 his sickness and his
advocate was out of town and returned to Mumbai on 02.07.2018. The delay
is not an 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.2,500/ payable to the State.
2. The complaint be registered as summary case after payment
of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 16.02.2022 58th Court, Bandra, Mumbai.
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