IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW

DELHI

COMPLAINT NO. OF 2019

IN THE MATTER OF:

SH.ADESH KUMAR JAIN …COMPLAINANT/APPLICANT

VERSUS

M/S SHREE JEE TRADERS & ORS …ACCUSED

U/S 138 N.I. ACT

APPLICATION UNDER SECTION 142(b) OF THE N.I. ACT

1881 READ WITH SECTION 5 OF LIMITATION ACT SEEKING
CONDONATION OF DELAY OF 14 DAYS IN FILING THE
ACCOMPANYING COMPLAINT.

RESPECTFULLY SHOWETH:

1. That the Complainant had filed an complaint before this Hon’ble

Court under section 138 of N.I. Act,1881 Complaint No. 441 of

2019 and the matter was listed before the Ld. MM on

02.02.2019 whereby the Ld. MM has been pleased to dismiss

the Compliant Petition for being pre-mature in nature vide order

dated .

2. That thereafter, the Complainant immediately applied for the

certified of the previously filed Complaint on urgent basis in

order to get the original documents of the case from this Hon’ble
 Court and the application for the same was made on date

05.02.2019 and consistently pursued the court registry to get

the certified copy of the complaint and but due to administrative

delay was not able to receive the certified copy of the Compliant

in order to file a fresh compliant in the present case and the

reason for the said administrative delay to deliver the said

certified copy , were best known to them.

3. That further it is submitted that due to the above said reason

the complainant was unable to file the fresh compliant within

the statutory time as prescribed in N.I Act,1881.

4. 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 Complaint petition

under section 138 of The Negotiable Instrument Act, 1881 (As

Amended Up To Date).

5. That the Complainant received the certified copy of the

previously filed complainant along with original documents on

date 13.03.2019 . It is pertinent to mention that the counsel for

the complainant was subjected to the lackadaisical approach of

the court registry in delivering the certified copy of the compliant

which resulted in delay filing the fresh compliant which was

beyond the control and without any fault on the part of the

complainant.
6. That, when despite repeated requests, by the Complaiant

Counsel to the court filing counter about the certified copy for

the previously filed complainant, they did not take any step for

the same for almost about 4 weeks therefore this delay

7. That, thereafter, the present Counsel prepared the present

accompanying fresh Complianat and the same is being filed

before this Hon'ble Court.

8. That thus,the delay on the part of Complainant was neither

intentional nor deliberate but only due to the aforesaid reason.

9. 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

administrative delay by the court registry.

10. 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.

11. That in the aforesaid circumstances the Complainant is seeking

condonation of delay of 14 days in filing the accompanying

Complaiant 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.
12. That the Complainant has a good prima-facie case which is most

likely to be ordered in favour of the Complainat and against the

Acused.

13. 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 14 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;

b) Any other further order(s) which this Hon'ble Court deems fit

and proper in facts & circumstances of the case

NEW DELHI COMPLAINANT/APPLICANT

DATED: 20 .03.2019

THROUGH

ROHIT YADAV & AKSHAYA AGARWAL

Advocates
Office:
Chamber No.T-59A, Tis Hazari Courts, Delhi – 110054.
Ph. +91 9999777687, 8800818232
Email: akshaya.advocatus@gmail.com
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW
DELHI

COMPLAINT NO. OF 2019

IN THE MATTER OF:

SH.ADESH KUMAR JAIN …COMPLAINANT

VERSUS

M/S SHREE JEE TRADERS …ACCUSED

AFFIDAVIT OF Sh.Adesh kumar jain ,S/o Sh. Ami chand jain, Proprietor of
Naman jeans R/o: 7198,Mahabir Gali ,Gandhi Nagar,East Delhi ,New Delhi-
110031 ,Sole Proprietor of the Complainant states below:

I, the deponent above named, do hereby solemnly affirm and states as under :-

1. That the Deponent is the Sole Proprietor of the Complainant in the

captioned case and as such competent to swear the present affidavit.
2. That I have gone through the contents of the accompanying
Application, which are true and correct to my knowledge and drafted
under my instruction.

(DEPONENT)

VERIFICATION:

Verified at Delhi on this 20 day of March, 2019, that the contents of the
present Affidavit are true and correct to the best of my knowledge and belief.
No part of it is false, and nothing material has been concealed therefrom.
(DEPONENT)