Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 132/Misc./2019
1 CNR No. MHMM190020782019
Mrs. Zaheda Begum Rashid Baksh.
V/s.
Mr. Wajid Ali Abdul Gani Hodekar.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 10 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
26/01/2019. However, complaint is not filed within limitation and as
such there is a delay of 10 days in filing the complaint. According to
complainant reason for delay is he was sick since 22/01/2019 and was
bed ridden. Hence this application.
3. Accused filed his say and opposed to allow this application
contending that reason for delay is not properly explained.
4. Heard both parties and gone through record. There is delay of
10 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. 1000/ payable by
complainant. Cost amount be credited to Government.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments
Act is hereby condoned.
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CASE NO. 132/Misc./2019
2 CNR No. MHMM190020782019
3. Complaint be registered as per rules after payment of cost
amount.
Date : 24/02/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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