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Misc. case

Abdul Rashid KhanVsAKSHAY GUPTA

CNR MHMM19014455201863-Judicial Magistrate (First Class), 63rd Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ORDER PASSED
Decision Date: 03rd December 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
834/2018
Registration Date
21 Dec 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Abdul Rashid Khan

    Respondent

    1. 1AKSHAY GUPTA

    Acts & Sections

    1
    DRUGS AND COSMETICS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 18-03-2019
Business: complainant and advocate present
notice is issued to other side
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 28-05-2019

Date: 28-05-2019
Business: Complainant and Adv. Pt.
Exh. 5 - Extention of time to collect the Notice on New Adress - Allowed as prayed
Adj. for Notice Report
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Applicant absent.  Advocate for applicant present.  Respondent absent. Notice collected today. for report.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Applicant absent. Advocate for applicant absent.    Respondent absent.  Ex. 6  Advocate A.C. Upadyay submitted VP on behalf of   respondent. Filed.    Ex. 7  An application for exemption of respondent.  o/p  Granted.  Ex. 8  Reply filed. Seen.  for  arguments.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Applicant  absent. Advocate for applicant absent. Respondent absent.  for steps.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 03-08-2020

Date: 03-08-2020
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.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 27-10-2020

Date: 27-10-2020
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: 04-02-2021

Date: 04-02-2021
Business: Both parties absent.
Adj to steps
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021, board is discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021 and Honble CMM Office office order no. Estt.16/930/2021 dated 11-06-2021 board is discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Advocate for applicant present.   Respondent absent.  An application for notice to other side. o/p issue notice as prayed.  for report.
Next Purpose: KEEP FOR CONSIDERATION
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: COMPLAINANT ABSENT. Advocate for accused present. order passed below Exh. 1 Application is allowed subject to payment of cost of Rs. 500/- concerned clerk register the complaint under section 138 N.I. Act.
Nature Of Disposal: ORDER PASSED
Disposal Date: 03-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 16431/2018
Filing Date: 21-12-2018
First Hearing Date: 18th March 2019
Decision Date: 03rd December 2021
Court Number And Judge: 63-Judicial Magistrate (First Class), 63rd Court

    Orders

    1
    Final Order 1
    03 Dec 2021
    Order Details: Order
Pdf Text: 1 C.C.No.834/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 4 days in filing of complaint. At the relevant time
complainant was suffering from fever due to which the delay was
caused.
2. Accused filed his say (Exh.8) 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.500/- (Rupees Five Hundred only).
2) Concerned clerk to register the complaint under Section-
138 of N.I. Act.
(S.A.R. Sayed)
Metropolitan Magistrate,
Date : 03/12/2021 63rd Court, Andheri, Mumbai.
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