Final Order 1

Order Details: Order
Pdf Text: C. C. No.40/MISC/2019
ORDER BELOW APPLICATION FOR CONDONATION OF DELAY
1. This is an application made by complainant under Section
142 of Negotiable Instrument Act (for the sake of brevity hereinafter
referred to as “ N. I. Act ” in short) for condonation of delay of 7 days
caused for filing complaint under Section 138 of N. I. Act.
2. It is averred in the application that original documents of
matter was lying with the advocate office which was inadvertently
misplaced and duplicate copies of the same were not available with
them hence, complainant could not file the complaint within time after
arising cause of action. Consequently, the delay of 7 days is caused.
The delay was not intentional one. So it is the request of complainant/
applicant that it may be condoned.
3. On the application being made, notice was issued to
accused/opponent which is duly served. Despite of service of notice,
accused/opponent did not pay the cheque amount.
4. To substantiate the averments made in the application,
complainant/applicant has filed his affidavit reiterating the contents of
delay condonation application. So no option left to me except to hold
these averments genuine. As such I am satisfied that
complainant/applicant had sufficient cause for not making complaint
within prescribed period of limitation. Consequently, delay of 7 days
caused for filing complaint under Section 138 of N. I. Act needs to be
condoned. Hence, I pass following order.
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ORDER
1. Application is hereby allowed.
2. Delay of 7 days caused for filing complaint under Section
138 of N. I. Act is hereby condoned.
3. No order as to cost.
4. Registry is hereby directed to register a complaint.
Sd/-
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 03/07/2019 63rd Court, Andheri, Mumbai.
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