1
IN THE COURT OF: II Joint Civil Judge
J.D.J.M.F.C. 6 – II COURT AT, PALGHAR
SUMMONS/SUMMARY CRIMINAL CASE
C.M.A No. of 2024
IN
SCC No. OF 2024
IN THE MATTER OF:
Narendra Pradeep Awasthi )
Age : 38 years, Indian Inhabitant, )
Occupation: Employment, )
Residing at Flat No. 001 (“A” Wing) )
Divya Jyoti D Chs Ltd.,Divyaraj )
Value Home Complex,Navapur Road, )
Pam Naka,Boisar (West),Palghar 401501. )
Maharashtra. )
Email Id :- nawasthi619@gmail.com )
Contact Me +91- 9930023603 )…Complainant
Versus
1. Dipankar Enterprises )
Divya Jyoti “D” Cooperative Housing )
Society, Room no. 004, B - Wing, )
Divyaraj Home Complex, )
Palm, T. Dist. Palghar -401501. )
2. Suryaji Bhivaji Kamble )
House :- 307/01 in Ravi Residency )
Shop No. 01 & 02, Ground Floor, )
Boisar .west Village Gundale )
Palghar Pin No. 401501 )…Accused
U/S 138 N.I. ACT
APPLICATION UNDER SECTION 142(b) OF THE U/S. 138 N.I.
ACT 1881 READ WITH SECTION 5 OF LIMITATION ACT
SEEKINGCONDONATION OF DELAY OF 27 DAYS IN FILING
THE ACCOMPANYING COMPLAINT.
RESPECTFULLY SHOWETH:
1. That the Complainant had filed a complaint before this
Hon'ble Court under section 138 of N.I. Act, 1881 E-
Filling No.AMH20230037813C202400017 on 29-11-
2024.
2. That thereafter, the complainant relied that he immediately
applied for the filed complaint on an urgent basis under
section 142(b) of the u/s. 138 N.I. Act 1881, read with
section 5 of the limitation act, seeking condonation of
delay of 27 days in filing the E-Filing No.
AMH20230037813C202400017 accompanying complaint
of the case from this Hon'ble.
3. I state that Accused No. 2 was apprehended under the
MPID Act. The accused was arrested defined FIR (under
Section 173 B.N.S.S.) Boisar FIR No. 0403 on May 9,
2024,, Mr. Suryaji Bhivaji Kamble and Mr. Jayesh
Jagannath Sankhe, have been the subject of an
investigation. They were involved in erroneous MPID
activities, wasted money, along with conducted in
unlawful activities like laundering money, hawala (money,
and black money without the certificate business
documentation. Sections 316(2) and 318(4) of the MPID
Act and money laundering are related.
Copies of the FIR have been attached and Hereto annexed
and marked as Exhibit ‘1’ are copies of the FIR.
4. According to Complainant mention this Hon’ble court,
Accused no. 2 had been taken into EOW police custody on
October 18, 2024 before complainant demand notice under
u/s.138 was served on 16th October 2024 thereafter police
department ECONOMIC OFFENCE WINGS Mr.
Balasaheb Patil (SP)/Shri Dhanraj Shirshat (I.O.). getting
tracking accused Suryaji Bhivaji kamble under juridical
police custody.
[5.] I say I can use the Right Information Act certified copy of
the accused statement on November 9, 2024, once I have
information about the accused on that day, police custody,
economic offence wings, investigation officer track, and
arrest. The investigation officer and jurisdiction custody
period from October 18, 2024, to November 16, 2024, also
completed another inquiry issued Raised the EOW office
multiple times on how to get the certified copy of the
complaint, instead they were unable to do so in order to
file an online e-filing complaint in the present proceeding.
The reason for the EOW office's delay in not providing the
prior request for information certified copy was well
known Afflicted not received till date
Hereto annexed and marked as
Exhibit ‘2’ are copies
of the RTI Application with tracking receipt.
5.[6.] That further it is submitted that due to the above said
reason the complainant was unable to file the online e-
filling compliant within the statutory time as prescribed in
N.I Act, 1881.
6.[7.] That it is pertinent to note that Section 142(b) of The
Negotiable Instrument Act, 1881 (As Amended Up To
Date) read with Section 5 of the Limitation Act clearly
states that the provisions of the Limitation Act may apply
to the application made for the condonation of delay in
filing the Complaint under section 138 of The Negotiable
Instrument Act, 1881 (As Amended Up To Date)
Therefore that the this Hon'ble Court is empowered to
condone the delay in filing the present accompanying
[8.] Complaintcomplaint petition under section 138 of The
Negotiable Instrument Act,
1881 (As Amended Up To Date).
7.[9.] That the Complainant not received the RTI certified
copy of the previously filed RTI Application along with
Postal Acknowledgement tracking record received on date
11th November’2024. It is pertinent to mention that the
counsel for the complainant was subjected to the
lackadaisical approach of the EOW officer department in
failed provided the RTI certified document providing
which lead to in delay filing the fresh compliant which
was beyond the control and without any fault on the part
of the complainant.
8.[10.] That, when despite repeated requests, by the
Complainant Counsel to the court e- filing filed
complainant, they did not take any step for the same for
almost about 4 weeks therefore this delay.
9.[11.] That, thereafter, the present Counsel prepared the
present accompanying fresh e- filling Complainant and the
same is being filed before this Hon'ble Court.
10.[12.] That thus, the delay on the part of Complainant was
neither intentional nor deliberate but only due to the
aforesaid reason.
11.[13.] That under these circumstances, it would be
complete miscarriage of justice, if the Complainant, is not
afforded an opportunity to the file the present
complainant. It is submitted that the complainant cannot
be punished for the fault of the EOW office delay by SP
police Department.
12.[14.] That it is a settled law that condoning the delay is at
the discretion of the court which is practiced by the court
in the interest of justice. In the present case, an irreparable
loss would occur if the present complaint delay in filing is
not condoned.
13.[15.] That in the aforesaid circumstances the Complainant
is seeking condonation of delay of 20 days in filing
the
accompanying Complaint under Section 138 of the N.I.
Act, and in case the delay is not condoned the
Complainant shall suffer an irreparable loss and injury
which cannot be compensated in. terms of money.
14.[16.] That the Complainant has a good prima-facie case
which is most likely to be ordered in favour of the
Complainat and against the Accused.
15.[17.] That the present application is being filed bonafide
and grave prejudice will be caused to the Complaiant if the
same is not allowed.
PRAYER:
In the aforesaid circumstances it is, therefore, most
respectfully prayed that this Hon'ble Court may be pleased to:-
[a)] Condone the delay of 270 days, in filing the Complaint
under Section 138 Of The Negotiable Instrument Act, 1881
(As Amended Up To Date) and allow the present complaint to
be placed on record herein;
a)[b)] Any other further order(s) which
this Hon'ble Court deems fit and proper in
facts & circumstances of the case
PLACE: BOISAR
DISTRICT: PALGHAR
DATED: 04.12.2024
COMPLAINANT/APPLICANT
THROUGH
PAWAN U. BHARADWAJ
Advocates
Barcode :- MAH/4208/2022 Unique
Id :- AMH20230037813 Ph. +91
9511720128
