Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 57/Misc./2019
1 CNR No. MHMM190011772019
Shri. Vishwanath Baburao Goykar.
V/s.
Rajeshkumar Saroj and others.
ORDER BELOW EXH. No. 4
By way of this application complainant has prayed to condone
delay of 31 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
17/11/2018. However, complaint is not filed within limitation and as
such there is a delay of 31 days in filing the complaint. According to
complainant reason for delay is his mother was sick at his native place,
so he went to his native place to see her. Hence this application.
3. Inspite of service of notice accused did not appear and hence
application proceeded exparte.
4. Heard Ld. Advocate for complainant and gone through record.
There is delay of 31 days and reason for delay is illhealth of
complainant's mother. This application is supported by affidavit of
complainant. It is stated that complainant is a very poor person.
Considering length of delay and reason stated for delay, I deem it fit to
condone the delay without imposing any cost. In result I pass following
order:
ORDER
1. Application is allowed.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments
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CASE NO. 57/Misc./2019
2 CNR No. MHMM190011772019
Act is hereby condoned.
3. Complaint be registered as per rules.
Date : 28/07/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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