Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 36/Misc./2019
1 CNR No. MHMM190004842019
Mr. Ranjit Shankar Yadav.
V/s.
Gitesh Suresh Charkare and others.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 25 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
13/12/2018. However, complaint is not filed within limitation and as
such there is a delay of 25 days in filing the complaint. According to
complainant reason for delay is he was suffering from Spondylitis and
was bed ridden. Hence this application.
3 Accused appeared but failed to file say, hence application
proceeded exparte against N.A.
4. Heard Ld. Advocate for complainant and gone through record.
There is delay of 25 days and reason for delay is illhealth of
complainant. This application is supported by affidavit of complainant.
Considering length of delay and reason stated for delay, I deem it fit to
condone the delay by imposing cost. In result I pass following order:
ORDER
1. Application is allowed subject to cost of Rs. 2000/ payable by
complainant. Cost amount be credited to Government.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments
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CASE NO. 36/Misc./2019
2 CNR No. MHMM190004842019
Act is hereby condoned.
3. Complaint be registered as per rules after payment of cost
amount.
Date : 3010.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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