Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 513/Misc./2018
1 CNR No. MHMM190068432018
Sameer B. Vageriya & Co.
V/s.
Vishaka Impex Pvt. Ltd. & others.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone delay of
03 days in filing complaint U/s. 138 of Negotiable Instrument Act.
2. According to complainant, last date for filing complaint was
24/06/2018. However, complaint is not filed within limitation and as such
there is a delay of 03 days in filing the complaint. According to complainant
reason for delay is he was not keeping well. Hence this application.
3 Inspite of service of notice nonapplicant did not appear and hence
application proceeded exparte against N.A.
4. Heard Ld. Advocate for complainant and gone through record. There
is delay of 03 days and reason for delay is illhealth of complainant. This
application is supported by affidavit and medical certificate. Considering
length of delay and reason stated for delay, I deem it fit to condone the delay.
In result I pass following order:
ORDER
1. Application is allowed.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments Act is
hereby condoned.
3. Complaint be registered as per rules.
Date : 0710.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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