Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180078832018
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800248/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 cheque was
dishonoured on 18.05.2018. The complainant sent the legal
notice to the accused on 25.05.2018 through Whatsapp, email
and speed post. The cause of action was arisen on 09.06.2018.
The present complaint is filed on 16.07.2018. There is six days
delay. The complainant filed present application for condonation
of delay.
2. Heard the complainant in person and Advocate Mrs.
Pallavi Vanjari for the accused. The complainant examined
witness Mr. Ashish Shukla. He is an Advocate who hold the
documents of the complainant during the period in which the
complainant ought to have filed. He stated that the complainant
Mr. Manjit Singh handed over the documents to him on
17.06.2018, but he was unable to prepare the complaint due to
illness of his family member. The complainant also stated in his
application that there were heavy rain since from 12.07.2018,
therefore, running of train was affected for three days. On
14.07.2018 and 15.07.2018 the court was closed as non
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working days. The witness of complainant is an advocate
appointed for preparing the complaint. He could not prepare
the complaint due to his personal difficulty as his family member
was sick. It clearly shows that the complainant was unable to
file the complaint due to mistake of the advocate. The
complainant could not file the complaint in last three days due
to heavy rain. Thus, the circumstances was beyond the control of
the complainant and unfortunately he could not file the
complaint. I hold that there is sufficient reason for non filing the
complaint during said period.
3. 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.
2. Case be registered as summons case.
Mumbai, (M.Y.Wagh)
Dated : 03.04.2021 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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