Order 1

Order Details: Order Below EX 1
Pdf Text: ...01… C.C.NO.667/MISC/2019
MHMM180094642019
ORDER BELOW EXH.01 IN C.C.NO.667/MISC/2019
(Dated 19.05.2022)
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 06 days in
presentation of the complaint. The notice was issued to the accused for calling
say upon the application. The accused has not filed his reply.
2. After dishonour of the cheque, complainant sent a legal notice dated
31.10.2019 which was received by the accused on 05.11.2019. The cause of
action arose on 21.11.2019. The complainant ought to file complaint on or
before 21.12.2019. The complaint has been filed on 27.12.2019. There is 06
days delay to file the complaint. It is contended that the complainant was
sick, he is suffering from viral infection. He is advised medication and bed rest
for 3 days from 21.12.2019 to 24.12.2019. Due to this reason, he could not
file the complainant within stipulated 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
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. The delay is
not intentional. In such circumstances, in my view, delay deserves to be
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...02… C.C.NO.667/MISC/2019
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.1,000/ payable to the State.
2. The complaint be registered as summary case after payment
of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 19.05.2022 58th Court, Bandra, Mumbai.
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