Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 661/Misc./2018
1 CNR No. MHMM190095912018
Divish Shetty
V/s.
Dhananjay Suvarna
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 65 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
08/07/2018. However, complaint is not filed within limitation and as
such there is a delay of 65 days in filing the complaint. According to
complainant reason for delay is accused had requested to give time to
him to pay the amount and therefore he had not filed complaint. Hence
this application.
3. Accused filed his say at Exh. 05 and opposed to allow this
application contending that reason for delay is not properly explained.
Remaining say given by the accused is about the merit of the case and
therefore I do not consider it necessary to refer about it. Accused has
denied reason stated in the application.
4. Heard Ld. Advocate for complainant and gone through record.
Accused and his advocate are absent when called. There is delay of 65
days and reason for delay is the settlement talk with the accused was
going on. This application is supported by affidavit of complainant.
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:
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CASE NO. 661/Misc./2018
2 CNR No. MHMM190095912018
ORDER
1. Application is allowed and delay for filing complaint U/sec. 138
of Negotiable Instruments Act is hereby condoned subject to
payment of cost of Rs 2000/ by the complainant.
3. Complaint be registered as per rules after payment of cost
amount by the complainant.
Date :30092021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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