Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.359/MISC./2022
Exh.01
MHMM180081702022
C.C.No.359/MISC./2022
MR. SHIVAJI POPAT UKALE
Vs. MR. SADIK SHAIKH
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
1. This is a delay condonation application filed by the
complainant. According to the complainant 13 days delay is caused to file
the complaint due to reason of death of nearest relative of the complainant.
2. The respondent objected the application on various grounds.
Accordingly to him the complainant has forged the cheque in question.
3. Heard both sides.
4. The reason for delay is supported by the affidavit and death
certificate of Smt.Hirabai Nanabhau Ukale. So far as the legality of the
cheque is concern, that can be seen at the time of final hearing. No prejudice
will be caused to the rights of the respondent/accused at this stage of
proceeding, if delay is condoned subject to cost. Delay can not take away
statutory right of the party. Hence, I pass following order.
O R D E R
1) The application is allowed subject to cost of Rs.2,000/ be
paid to Legal Aid Fund.
2) Costs are condition precedent to register the complaint.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 06.07.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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