Whether magistrate can direct opening of envelope of notice while deciding application for condonation of delay in cheque dishonour case?

The aforesaid observations and the law laid down by the Apex Court show that condonation of delay is within the discretion of the Court and the Court is expected to keep in mind the aforesaid things. If the J.M.F.C. forms opinion that the envelops contain nothing and no statutory notices were sent by the complainant to the accused, this circumstance can be considered by the J.M.F.C. at the time of deciding the delay condonation applications. It cannot be said that consideration of such circumstance amounts to touching of the merits of the complaints for final disposal. If this circumstance is considered, the Court will form opinion as to whether there is some arguable case in the complaint itself for proceeding ahead like issuing process in the matter. If the J.M.F.C. has formed the opinion that such exercise is required in the present matter, there is nothing wrong in it. No particular procedure is prescribed for deciding the delay condonation application and it is up to the Magistrate to follow the procedure required in view of peculiar circumstance. This Court holds that there is nothing wrong in the order made by the J.M.F.C. No interference is warranted in the orders made by the learned J.M.F.C.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Application No. 5808 of 2016, Appln. 5809, 5810 and 5811/2016

Decided On: 20.07.2018

 Nandlal Gangaram Ranglani  Vs.  Mahak Amit Ranglani and Ors.

Hon'ble Judges/Coram:

T.V. Nalawade, J.

Citation: 2019(1) MHLJ 804

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Whether addressee not collecting envelope on intimation amounts refusal to accept notice?

The admitted and proved facts in the petition before me clearly show that within one month, the tenant on March 11, 1975 remitted the entire arrears of Rs. 2,421.14 by a Demand Draft. A look at the envelope shows the necessary postal endorsements that the landlord not having been found at the delivery time. The facts clearly show that the landlord, plaintiff No. 1 has admitted that the envelope bears his correct address. It is common that the postal authorities in the matter of address not being found at delivery time consecutively send intimation and then keep the registered envelope for a period of a week to enable the addressee to collect the envelope personally by attending the post office. The envelope (Exh. 35) in the instant petition bears all the necessary endorsements and the learned counsel appearing for the petitioners has not raised any dispute in regard thereto. In law, failure on the part of the addressee in collecting the envelope on intimation inspite of the fact that the postal authorities retained the envelope for a period of one week, as has been placed on evidence in this matter, cannot but would amount to a refusal on the part of the landlord. 
IN THE HIGH COURT OF BOMBAY

Writ Petition No. 1142 of 1981

Decided On: 01.04.1991

Ramchandra Govind Palekar and Ors.Vs.  Ramesh Nana Jangam and Ors.

Hon'ble Judges/Coram:
V.V. Kamat, J.
Citation: 1992 Bom. C. R. 310.

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