Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 710/Misc./2018
1 CNR No. MHMM190109362018
Mr. Nizamul Hasan Siddique.
V/s.
Mr. Shahabali Karamat Ali Siddique.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 18 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, complaint is not filed within limitation
and as such there is a delay of 18 days in filing the complaint.
According to complainant reason for delay is he was out of Mumbai for
Shooting. Hence this application.
3. Inspite of efforts of complainant, accused is not residing on last
known address. Hence matter to proceed exparte against accused.
4. Heard both parties and gone through record. There is delay of
18 days and reason for delay is complainant is out of Mumbai. 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:
ORDER
1. Application is allowed subject to cost of Rs. 2000/ payable by
complainant. Cost amount be credited to Government.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments
Act is hereby condoned.
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CASE NO. 710/Misc./2018
2 CNR No. MHMM190109362018
3. Complaint be registered as per rules after payment of cost
amount.
Date : 09/05/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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