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2017 Supreme(Bom) 2535

PRITHVIRAJ K.CHAVAN
Harneet Kaur – Appellant
Versus
Paramound Buildwell Constructions Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Shri V.A. Lawande.
For the Respondent: Shri R. Rao.

JUDGMENT :

Prithviraj K. Chavan, J.

1. Feeling aggrieved by an order of rejection of application for co-donation 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 ("NI Act" 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 NI Act 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 Hon'ble Supreme Court in the case of Dashrath Rathod vs. State of Maharashtra, AIR 2014 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 condonation of delay before the learned JMFC, Panaji by e
















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