Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 767/Misc./2018
1 CNR No. MHMM190121632018
Satyaprakash Singh
V/s.
Ram Pratap Chauhan
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 39 days in filing complaint U/s. 138 of Negotiable Instrument
Act.
2. According to complainant, last date for filing complaint was
10/10/2018. However, complaint is filed on 19/11/2018 and as such
there is a delay of 39 days in filing the complaint. According to
complainant reason for delay is complainant had not received
acknowledgment about the service of notice and track report was not
showing it is delivered. Hence this application.
3. Inspite of service of summons accused did not appear and
application proceeded Exparte.
4. Heard Ld. Advocate for complainant and gone through record
there is delay of 39 days and reason for delay is nonreceipt of postal
acknowledgment. This application is supported by affidavit.
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 and delay for filing complaint U/sec. 138
of Negotiable Instruments Act is hereby condoned subject to
payment of cost of Rs 1000/ by the complainant.
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CASE NO. 767/Misc./2018
2 CNR No. MHMM190121632018
2. Complaint be registered as per rules after payment of cost
amount by the complainant.
Date : 01.10.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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