Final Order 1

Order Details: Copy  of Judgment
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C.C.NO. 4800390/MISC./2018
Mr. Jyoti Shivaji Kale.
V/s.
Mr. Harishchandra Pandurang Thakur.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to
condone delay of 6 days in filing complaint for the offence
punishable u/s. 138 of N.I. Act. In this matter notice was issued to
opponent but he did not remain present and hence application is
proceeded further exparte against him.
2. Heard Ld. Advocate for complainant and gone through the
record, complainant has filed one more application at Exh. 08
explaining therein details about the delay. As per case of
complainant, cheque dated 26/12/2017 was dishonored vide
memo dated 03/02/2018 and statutory notice was sent on
03/03/2018 and same was received by the accused on
06/03/2018. Present complaint is filed on 26/04/2018. In fact
complaint should have filed on or before 21/04/2018. Thus there
is a delay of 6 days, hence this application.
3. According to complainant postal acknowledgement was not
received back. Therefore, complainant waited for some period and
hence delay is caused. The delay caused in the filing of the
complaint is of only 6 days. Considering reasons stated by the
complainant I am of the view that in the larger interest of the
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justice and in order to decide the case on merit delay needs to be
condoned. In result I pass following order :
ORDER
1. Application is allowed.
2. Delay of 6 days in filing of complaint for the offence
punishable U/s. 138 of N.I. Act is hereby condoned.
3. Complaint be registered as per rules.
Date : 13.08.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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