Final Order 1

Order Details: Order
Pdf Text: C. C. No.676/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 149
days caused for filing complaint under Section 138 of N. I. Act.
2. It is averred in the application that earlier complainant had
kept their records of Loan files at Office No.301, 3rd Floor, Hubtown,
Prof. N.S. Phadke Marg, Opp. Teli Gali, Vijay Nagar, Andheri (East),
Mumbai. Thereafter, complainant shifted their records to 501, 5th Floor,
Aishwarya Business Plaza, CST Road, Kalina, Santacruz (East),
Mumbai. During the course of shifting the loan file containing original
documents of the accused was missing and not traceable. Delay in filing
the complainant is due to non-availability of documents. Consequently,
the delay of 149 days is caused. So it is the request of
complainant/applicant that it may be condoned.
3. On the application being made, notice was issued to
accused/opponent which is duly served. Inspite of receipt of notice,
accused 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 149 days
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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 149 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 : 08/07/2019 63rd Court, Andheri, Mumbai.
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