Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180087802023
Misc Cases/5800264/2023
Carambola Creations LLP Vs. Katte Entertainment
Private Limited
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01
1. This is an application for condonation of delay of 115
days occurred in filing complaint under section 138 of the
Negotiable Instrument Act.
2. It is contended on behalf of the applicant that the delay
is caused due to false promises given by the accused persons time
and again further issuance of statutory legal notice dated
11.05.2023.
3. Respondent No.1 and 2 absent. Heard advocate Mr. Udit
Kumar Gupta representing new advocate for respondent No.1 and
2. His request to grant time for filing say is rejected considering
the sufficient opportunity given to the accused/respondent after
entering into consent terms with the complainant.
4. Though there is delay of 115 days, there is reason to
believe the reason of delay considering post conduct of the
accused after their appearance and execution of consent terms
dated 19.12.2023. It is evident from the record that the cheques
issued by the accused against consent terms are also dishonoured.
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Order Below Exh.01
Further, the delay can not take away statutory right of the party.
By entering into the consent terms the accused have waived their
right to context delay condonation application. The complainant
has a good case on merit. Hence, I pass following order.
ORDER
1. Application is allowed.
2. The case be registered as summary case as per Rules.
Mumbai, (M. P. Saraf)
Dated : 13.08.2024. Judicial Magistrate First Class,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order Below Exh.01
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 : 13.08.2024.
Transcribed and Typed on : 13.08.2024.
Order printed and Signed on : 13.08.2024.
Order Uploaded on : 13.08.2024.
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