Final Order 1

Order Details: Order Below EX 1
Pdf Text: ...01… C.C.NO.572/MISC/2022
MHMM180102192022
ORDER BELOW EXH.01 IN C.C.NO.572/MISC/2022
(Dated 23.05.2023)
1. This is an application to condon the delay to file the complaint
u/s.138 of the Negotiable Instruments Act. The complainant contended that
there is delay of 07 day in presentation of the complaint. The notice was
issued to the accused for calling say upon the application. The accused has
failed to file his say.
2. 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.
3. In the present case, the cheque is dishonoured on 30.07.2022,
complainant sent a legal notice dated 16.08.2022. Thus cause of action arose
on 02.09.2022. The complainant ought to file complaint within a month i.e.
on or before 02.10.2022. The complainant has filed present complaint on
10.10.2022. The complainant contended that his previous advocate failed to
file the complaint within stipulated period. At the last moment, he showed
inability to file the complaint within limitation period. Due to this reason,
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...02… C.C.NO.572/MISC/2022
delay was occurred. The applicant should not suffer for mistake of advocate.
The delay was not intentional. In such circumstances, in my view, delay
deserves to be 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.2,000/ payable to the State.
2. The complaint be registered as summary case after payment
of cost.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 23.05.2023 58th Court, Bandra, Mumbai.
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