Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 CASE NO. 54/Misc./2018
CNR No.MHMM19005552018
M/s. Niv Enterprises
V/s.
M/s. Hollywood Optician Private Ltd. and others.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to
condone delay of 25 days in filing of complaint U/s. 138 of Negotiable
Instrument Act.
2. It is stated by complainant that after dishonour of cheque,
accused requested for settlement and sought time till 12/01/2017.
Complainant was under genuine belief that matter will settle. However,
latteron it appears that accused was just killing the time. Therefore,
complainant filed this application on 18/01/2017 and as such there is a
delay of 25 days in filing this complaint.
3. Notice was sent to the accused but it was returned unclaimed.
However unclaimed of notice amounts to good service on the addressee.
Inspite of service of notice, opponent did not appear and hence matter
proceeded exparte against the opponent.
4. Heard Ld. Advocate for complainant and gone through record.
Accused and his advocate are absent when called. There is delay of 25
days and reason for delay is settlement talk was going on between
accused and complainant. This application is supported by affidavit.
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:
-- 1 of 2 --
2 CASE NO. 54/Misc./2018
CNR No.MHMM19005552018
ORDER
1. Application is allowed and delay for filing complaint U/sec. 138
of Negotiable Instruments Act is hereby condoned subject to
payment of cost of Rs 1000/ payable by the complainant within
one month from this order. Cost amount be credited to
Government.
2. Complaint be registered as per rules after payment of cost
amount by the complainant.
Date : 24/08/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
-- 2 of 2 --