Final Order 1

Order Details: Order
Pdf Text: 1 C.C. No.434/MISC/2018
Exh.4
ORDER BELOW EXH.4
1] This is an application filed by complainant urging
condonation of delay caused in filing complaint u/s.138 of N.I. Act.
2] Brief contention in the application are as under :
Complainant states that he has filed complaint under
Section 138 of N.I. Act before this Court. There is 47 days delay
caused in filing the complaint. It is submitted that she was suffering
from slip disk from 20/03/2018 to 18/05/2018 and due to which
the delay of 47 days was caused. She next contended that delay in
filing complaint was not intentional but due to bona fide reason.
Hence, she has prayed to allow the application and to condone the
delay.
3] Respondent appeared before the Court but did not file
any say to the application.
4] Heard learned advocate for complainant. No argument
on behalf of respondent.
5] Perused the records of the case.
6] Complainant has filed affidavit in support of her
contention in the application. She further filed on record her
medical certificates to supports her contentions of application.
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2 C.C. No.434/MISC/2018
Exh.4
There appears a sufficient submission for not filing the complaint
by the complainant within prescribed period. The application is
required to be allowed. Therefore, I proceed to pass following
order:
ORDER
A] Application is allowed.
B] Delay of 47 days caused in filing complaint
u/s.138 of N.I. Act is condoned.
C] Complaint filed alongwith application be
registered as SS case.
Date : 19/06/2024
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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