Single-judge Criminal Writ Petition dismissing a petition challenging the condonation of delay of 50 days on costs under Section 142 proviso (b) of the Negotiable Instruments Act, 1881.
Petition dismissed.
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wp-1053-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
rpa
CRIMINAL WRIT PETITION NO. 1053 OF 2013
Mrs. Devi Shivanesan & Anr. .. Petitioners V/s.
State of Maharashtra & Anr. .. Respondents
Mr. Harshad Rajeshirke, Advocate for the Petitioners. Mr. S. S. Pednekar, A.P.P. for Respondent No.1 – State.
…. CORAM : K. U. CHANDIWAL, J.
DATED : AUGUST 13, 2013.
P.C. :
Heard.
2 The learned Metropolitan Magistrate 12th Court,
Bandra, Mumbai condoned delay of 50 days on costs of Rs.5,000/- (Rs. Five Thousand only) by order dated 26th July, 2011. I do not see any error in the order as legal effect of Section 142 proviso (b) of Negotiable Instrument Act, 1881 provides such exercise. The grounds assigned were sufficient.
The complainant was requested by the accused to make arrangement of the balance amount in installments. The learned Judge has taken a pragmatic approach instead of banking upon hyper-technicalities. Writ Petition dismissed.
1/1
2 issues framed by the court
Whether the order condoning delay of 50 days under Section 142 proviso (b) of the Negotiable Instruments Act, 1881 was correct.
Whether the learned Metropolitan Magistrate erred in viewing the issue pragmatically rather than on hyper-technicalities.
1 provisions across 1 enactments
Mrs. Devi Shivanesan & Anr.
State of Maharashtra & Anr.
K. U. Chandiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
