Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180094672019
C.C.NO.5800665/Misc./2019
ORDER BELOW EXH.01
1. The complainant filed complaint u/s 138 of the
Negotiable Instrument Act,1881. But he was not paid the requisite
court fees as well as Judicial Clerk raised objection that case is not
within limitation. Hence, matter was numbered as misc case.
However, the complainant has filed challan dated 10.12.2020 about
the payment of court fees. The challan is defaced on 09.02.2022.
2. The Judicial Clerk of this court raised objection that
cheque was dishonoured on 10.10.2019. Thus, demand notice
required to be sent on or before 09.11.2019. But the complainant sent
notice on 11.11.2019. Accordingly, he raised objection that matter is
not likely within limitation.
3. I have gone through the record. The demand notice
dated 09.11.2019 was dispatched on 11.11.2019. The complainant
has filed copies of postal receipts for the same. In view of the proviso
(b) of section 138 of the Negotiable Instrument Act, the demand
notice shall be issued within 30 days of the receipt of information from
the bank. In the present case, the complainant received information of
dishonored of the cheque on 10.10.2019. Thus, he must sent demand
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notice on or before 09.11.2019, but, on 09th and 10th day of November
2019 there were holidays due to 2nd Saturday and Sunday respectively.
Accordingly, I hold that notice sent on 11.11.2019 is within the
stipulated period due to exclusion of two days of holidays. In the
result I proceed to pass following order.
ORDER
The complaint be register as summary case.
(M. Y. Wagh)
Metropolitan Magistrate,
Date : 09.02.2022 58th Court, Bandra Mumbai
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