Final Order 1

Order Details: Order Below EX 1
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MHMM180075872018
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.202/MISC./2018
ORDER BELOW EXH.01
1. The complainant filed present application for
condone the delay for filing the complaint u/sec.138 of
Negotiable Instrument Act. The disputed cheques bearing
No.000026 dated 10.03.2018 for Rs.35,000/ and No.000027
dated 17.03.2018 for Rs.70,000/ were dishonoured on
14.03.2018 and 19.03.2018. The complainant sent the legal
notice dated 10.04.2018 through speed post and it was
intimated to the accused on 11.04.2018 but not received by the
accused, hence the envelope of demand notice was returned
with remark as unclaimed. The cause of action was arisen on
27.04.2018. The complaint ought to have filed on or before
27.05.2018. The present complaint is filed on 02.06.2018.
There is six days delay. The complainant filed present
application for condonation of delay.
2. The accused has failed to file his say.
3. The advocate Sandip Polaswar for the complainant
submitted that on 20.05.2018 the complainant was suffering
from viral and weekness and as per advice of Dr. Roy D'silva, he
was admitted in the private hospital and also advised for regular
medical treatment and bed rest for minimum 11 days. The
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complainant filed copy of certificate issued by Dr. Roy D'Silva.
Due to this reason he could not meet the advocate in relation to
file the said complaint and give instruction to his advocate till
the date 31.05.2018. On 01.06.2008 the complainant met his
advocate. Therefore, he could not file the complaint within
limitation period. It clearly shows that the complainant was
unable to file the complaint due to his illness. Therefore, I hold
that there is sufficient reason for non filing the complaint during
said period.
4. In the present case, the complainant duly explained
circumstances for non filing the complaint within stipulated
period. Accordingly, I hold that the application deserves to be
allowed. In result, I proceed to pass the following order:
ORDER
1. The application is allowed and delay to
file the complaint is condoned
subjected to the cost of Rs.3,000/
payable to the State.
2. The complaint be registered as
summary case after payment of cost.
Mumbai, (M.Y.Wagh)
Dated : 24.06.2022 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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