Final Order 1

Order Details: Copy  of Judgment
Pdf Text: CASE NO. 802/Misc./2018
1 CNR No. MHMM190138152018
Dev Saran Sharma.
V/s.
Maa Baglamukhi Group and others.
ORDER BELOW EXH. No. 1
By way of this application complainant has prayed to condone
delay of 06 months in filing complaint U/s. 138 of Negotiable
Instrument Act.
2. According to complainant, last date for filing complaint was
10/11/2018. However, complaint is not filed within limitation and as
such there is a delay of 06 months in filing the complaint. According to
complainant reason for delay is he was not keeping well. Hence this
application.
3 Inspite of service of notice nonapplicant did not appear and
hence application proceeded exparte against N.A.
4. Heard Ld. Advocate for complainant and gone through record.
There is delay of 06 months and reason for delay is illhealth of
complainant. 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. 1000/ payable by
complainant. Cost amount be credited to Government.
2. Delay for filing complaint U/sec. 138 of Negotiable Instruments
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CASE NO. 802/Misc./2018
2 CNR No. MHMM190138152018
Act is hereby condoned.
3. Complaint be registered as per rules after payment of cost
amount.
Date : 0810.2021
Sd/
(K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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