Final Order 1

Order Details: Order
Pdf Text: 1 C.C. No.694/MISC/2018
ORDER BELOW EXH. 1
1. This is an application filed for condonation of delay in
filing of criminal complaint under Section-138 of N.I.Act. It is averred
that there is delay of 149 days in filing of complaint. During shifting,
loan file containing original documents of accused was missing and not
traceable due to which the delay was caused.
2. Accused is served with notice vide report (Exh.13). He
remained absent inspite of proper service of notice. Hence, the
application proceeded ex-parte against accused by order dated
27/04/2022.
3. I have given sufficient time and opportunity to the accused
to remain present and argue the matter. But he failed to do so. Perused
the records.
4. Application is supported by affidavit (Exh.5) of the
Complainant. Contents of the application and affidavit are the same.
5. It is expected one should be diligent in initiating court
proceeding. At the same time, it has to be considered that delay desires
condonation if, it does not cause any prejudice to accused. In the
present case condonation of delay will not cause any injustice to
accused. Moreover, the delay cannot be termed as intentional. There is
provision under Section-142 of the N.I. Act, for condonation of delay.
Present application can be considered under the said provision. With
this I pass the following order :
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2 C.C. No.694/MISC/2018
ORDER
1) Application is allowed subject to payment of cost of
Rs.1,000/- (Rs. One Thousand Only).
2) Concerned clerk to register the complaint under Section-
138 of N.I. Act.
(S.A.R. Sayed)
Metropolitan Magistrate,
Date : 30/05/2022 63rd Court, Andheri, Mumbai.
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