Final Order 1

Order Details: Order
Pdf Text: C. C. No.625/MISC/2018
ORDER BELOW EXH.4
1. This is an application made by complainant under Section
142 of Negotiable Instrument Act (for the sake of brevity hereinafter
referred to as “ N. I. Act ” in short) for condonation of delay of 5 days
caused for filing complaint under Section 138 of N. I. Act.
2. It is averred in the application that accused No.1 is
proprietory concerned indulge into business of construction and
accused No.2 is its proprietor. Accused approached complainant and
informed about his new proposed project of building construction and
represented various facilities and amenities to be provided to the flat
owners. Upon believing, complainant booked a flat and paid Token
amount of Rs.2,00,000/-. Despite of repeated request and reminders
through phone calls, email to accused to return his hard earned money
if project is not getting started but accused failed to return his money
and started ignoring. After continuously following the accused, he
issued a cheque which was dishonoured with remark “Funds
Insufficient”. Therefore, complainant issued notice to the accused on
13/07/2018. After receipt of notice, accused requested the complainant
not to proceed further and assured that he will pay dues on
28/08/2018. Thereafter, complainant fell sick from 28/08/2018 to
05/09/2018 and was under medical observation. Due to above
circumstances, complainant could not file the complaint within time
after arising cause of action. Consequently, the delay of 5 days is
caused. So it is the request of complainant/applicant that it may be
condoned.
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3. On the application being made, notice was issued to
accused/opponent which is duly served. After service of notice, he
appeared through advocate however, did not file say.
4. To substantiate the averments made in the application,
complainant/applicant has filed his affidavit reiterating the contents of
delay condonation application. So no option left to me except to hold
these averments genuine. As such I am satisfied that
complainant/applicant had sufficient cause for not making complaint
within prescribed period of limitation. Consequently, delay of 5 days
caused for filing complaint under Section 138 of N. I. Act needs to be
condoned. Hence, I pass following order.
ORDER
1. Application is hereby allowed.
2. Delay of 5 days caused for filing complaint under Section
138 of N. I. Act is hereby condoned.
3. No order as to cost.
4. Registry is hereby directed to register a complaint.
Sd/-
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 05/07/2019 63rd Court, Andheri, Mumbai.
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