Final Order 1

Order Details: Order
Pdf Text: 1 C. C. No.144/MISC/2019
ORDER BELOW EXH.4
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 5 days
caused for filing complaint under Section 138 of N. I. Act.
2. It is averred in the application that complainant issued
demand notice within prescribed period of limitation, but on count of
negligence of the advocate he could not file the said complaint within
limitation. The advocate kept with him all the documents necessary
required for filing complaint. On repeated demand and follow up by
complainant he returned the documents. Complainant thereafter,
engaged another advocate. Meanwile delay is caused.
3. On the application being made, notice was issued to
accused/opponent which is duly served. In pursuance thereof, accused
appeared through advocate however, did not contest the application by
filing say.
4. To substantiate the averments made in the application,
complainant/applicant has filed his affidavit reiterating the contents of
delay condonation application. Since there is no challenge, 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,
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2 C. C. No.144/MISC/2019
delay of 5 days caused for filing complaint under Section 138 of N. I.
Act needs to be condoned. Hence, I pass following order.
ORDER
1. Application is hereby allowed.
2. Delay of 5 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 : 03/12/2019 63rd Court, Andheri, Mumbai.
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