Dishonour of cheques _ Delay in filing complaint _ Condonation of delay.

Cheque dishonoured on 30.12.2005 _ Notice was issued on 19.01.2006 by registered post acknowledgment due (RPAD) and copy was also issued Under Postal Certificate (UPC) _ Non-receipt of the acknowledgment by the complainant till 20.2.2006 _ On enquiry the Postal Department vide its letter dated 14.03.2006 informed that the said notice was received by the accused on 28.01.2006 _ Complaint filed on 22.03.2006 was beyond the time and period of limitation hence an application for condonation of delay was filed _ Complainant could not make out exact date of receipt of notice by the accused due to mistake of Postal Department _ There was no deliberate attempt or malafide intention to delay the filing of complaint _ Impugned order condoning the delay of eight days in filing the complaint not liable to be interfered with.
Lodba Yadeo Bhakare Vs. Sanjay Bhurmal Dodwade 2010 (2) LJSOFT (URC) 46