Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 575/Misc./2019
1 CNR No. MHMM190110472019
Gupshup Technology India Pvt. Ltd.
V/s.
Bhash Software Labs and 2 ors.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 13 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
28/06/2019. However, complaint is not filed within limitation and as
such there is a delay of 13 days in filing the complaint. According to
complainant reason for delay is on 28/09/2019 their advocate went to
Goa for medical emergency in his family as his aunt was admitted and
operated in Goa Medical Hospital for Brain Hamrages. Hence this
application.
3. Accused filed his say and opposed to allow this application
contending that reason for delay given by complainant is not acceptable
as the complainant always had the option to switch to another advocate
and start the proceeding.
4. Heard both parties and gone through record. There is delay of 13
days and reason for delay is complainant's advocate went to Goa for
medical emergency in his family. 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. 575/Misc./2019
2 CNR No. MHMM190110472019
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.
3. Complaint be registered as per rules after payment of cost
amount.
Date : 12/12/2022
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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