Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 544/Misc./2018
1 CNR No.MHMM190071352018
M/s. Sandhya Dyes & Chemicals Pvt. Ltd.
V/s.
M/s. Chemie Link and Ors.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 08 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
05/07/2018. However, complaint is filed on 13/07/2018 and as such
there is a delay of 08 days in filing the complaint. According to
complainant, director corum of complainant company was out of station
and due to which resolution for filling complaint was not passed, hence
complainant could not file complaint within time. 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 only 08 days and reason for delay is properly
explained. This application is supported by affidavit. 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
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CASE NO. 544/Misc./2018
2 CNR No.MHMM190071352018
Act is hereby condoned.
3. Complaint be registered as per rules.
Date : 20.09.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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