HARNEET KAUR, SOLE PROPRIETOR OF GURU DEV CEMENT INDUSTRIES Vs. PARAMOUND BUILDWELL CONSTRUCTIONS PVT LTD
HIGH COURT OF BOMBAY
Harneet Kaur, Sole Proprietor Of Guru Dev Cement Industries
Paramound Buildwell Constructions Pvt Ltd
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Prithviraj K. Chavan, J. -
(1.) Feeling aggrieved by an order of rejection of application for codonation of delay by the learned JMFC by order dated 10.11.2016 the original complainant in a case under Section 138 of the Negotiable Instruments Act ( "NIAct" for short) has preferred this revision challenging the legality, propriety and correctness of the said order.
(2.) The facts necessary for deciding the Revision Petition, can be stated, as follows;-
The petitioner (original complainant) had filed a complaint under Section 138 of the NIAct against the respondents (original accused) in the Court of JMFC, Panaji bearing Criminal Case No.180/OA/NIA/2014/C. After issuance of process the accused appeared in the matter. In view of the judgment of the Honble Supreme Court in the case of Dashrath Rathod Vs. State of Maharashtra, 2014 AIR(SC) 3519, the learned JMFC Panaji returned the complaint to be presented before the proper Court within 30 days from the date of the order. However, there was a delay of 34 days for presenting the said complaint before the learned JMFC Mapusa. The petitioner, therefore, moved an application for conondation of delay before the learned JMFC, Panaji by explaining the cause. The respondents replied the said application. However, the learned JMFC, after hearing the respective parties, dismissed the application for condonation of delay by the impugned order and, therefore, the present Petition came to be filed.
(3.) I heard Shri V. A. Lawande, learned Counsel for the petitioner and Shri R. Rao, learned Counsel for the respondents.;
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