Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 380/Misc./2018
1 CNR No. MHMM190056922018
Geodis Overseas Pvt. Ltd.
V/s.
Idealtik Promotions Pvt. Ltd. and 1
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, reason for delay is record of this case
was not traceable which was sent by the appellate department of
appellate court to him. Hence this application.
3. Inspite of service of summons accused did not appear and
application proceeded Exparte.
4. Heard Ld. Advocate for complainant and gone through the record
there is delay of 10 days and reason for delay is negligent act of his
earlier advocate as well as record of this case was not traceable. This
application is supported by affidavit. 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. 380/Misc./2018
2 CNR No. MHMM190056922018
3. Complaint be registered as per rules after payment of cost
amount.
Date : 21/07/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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