Final Order 1

Pdf Text: C. C. No.736/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 33 days
caused for filing complaint under Section 138 of N. I. Act.
2. It is averred in the application that after dispatch of
demand notice his advocate vide letter dated 29/09/2018 made inquiry
with postal authority but there was no reply. On 03/10/2018 after
tracking from official site, it reveals that said notice has been delivered
to accused on 16/08/2018. Thereafter, for two weeks complainant was
not well. Consequently, the delay of 33 days is caused. So it is the
request of complainant/applicant that it may be condoned.
3. In pursuance to the notice issued to accused, he appeared
and filed his say vide Ex No.7. He denied all the contentions raised in
the application on the ground that application is of no merit.
Complainant has not file any documents supporting contentions.
Contentions made in the application are vague, false and against the
provisions of law. He further submitted that there is no reasonable
ground mentioned in the application for condonation of delay and
prayed for rejection of application.
4. To substantiate the averments made in the application,
complainant/applicant has filed his affidavit reiterating the contents of
delay condonation application. There is no delay of large days. It is of
33 days. So no option left to me except to hold these averments
genuine. As such I am satisfied that complainant/applicant had
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C. C. No.736/MISC/2018
sufficient cause for not making complaint within prescribed period of
limitation. Consequently, delay of 33 days 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 33 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 : 26/11/2019 63rd Court, Andheri, Mumbai.
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