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Misc. case

VIRJESH CORPORATIONVsSUNDARARAJAN

CNR MHMM19013549201863-Judicial Magistrate (First Class), 63rd Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ORDER PASSED
Decision Date: 08th December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
815/2018
Registration Date
17 Dec 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1VIRJESH CORPORATION

    Respondent

    1. 1SUNDARARAJAN

    Acts & Sections

    1
    DRUGS AND COSMETICS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 20-02-2019
Business: complainant absent holding advocate present. notice not collected Exh 6 - application for extension of time to pay court fees - allowed.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Board discharged as Ld. P.O. is on leave.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: When called out
Applicant is present. Advocate for applicant is present. Accused and Advocate are absent.
Exh. 7 Adv. for applicant filed Adjournment application. Time granted till next date
Adj. for Court fees on
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Applicant  present. His Advocate present.  Respondent absent.   Notice collected today. for report.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 11-01-2020

Date: 11-01-2020
Business: 11-01-2020  was holiday on account of second Saturday.  Case carry forwarded to
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Complainant present with advocate.
Advocate for complainant filed application for issuance of notice against accused. Exh. 8
O/p issue notice to accused.
Adj to
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 167 of 2020 in continuation of order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged.



Case Adjourn for FOR KEEP FOR CONSIDERATION
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 167 of 2020 and SOP of June 2020 in continuation of order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Complainant present with Advocate.
Notice not received.
for notice of delay condonation.
Adj to
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-2019 board is discharge adj. to
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Applicant present with Advocate. Respondent absent.  Ex. 9 A.D. card.  Advocate on behalf of respondent present.  Ex. 10 Undertaking to file VP on next date.   for further proceeding.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Advocate for applicant present. order  passed below Ex. 1.  Application allowed  subject to cost of  Rs. 1000. Concerned clerk  to register  the complaint under  section 138 NI Act.
Nature Of Disposal: ORDER PASSED
Disposal Date: 08-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 15724/2018
Filing Date: 10-12-2018
First Hearing Date: 20th February 2019
Decision Date: 08th December 2021
Court Number And Judge: 63-Judicial Magistrate (First Class), 63rd Court

    Orders

    1
    Final Order 1
    08 Dec 2021
    Order Details: Order
Pdf Text: 1 C.C.No.815/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 10 days in filing of complaint. At the relevant time
complainant was busy in business meetings.
2. Accused filed his say (Exh.12) and opposed the application.
3. I have given sufficient time and opportunity to both the
parties. Perused records.
4. Application is supported by affidavit (Exh.5) of the
Complainant. Contents of the application and affidavit are the same.
5. In the present case condonation of delay will not cause any
injustice to accused. Moreover, the delay cannot be termed as
intentional. There is a 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 :
ORDER
1) Application is allowed subject to payment of cost of
Rs.1,000/- (Rupees One Thousand Hundred only).
2) Concerned clerk to register the complaint under Section-
138 of N.I. Act.
(S.A.R. Sayed)
Metropolitan Magistrate,
Date : 08/12/2021 63rd Court, Andheri, Mumbai.
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