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Bombay High Court

WORLD FEDERATION OF CARDIAC IMAGING AND CLINICAL CARDIOLOGY TRUST AND ANRversusMEDIVISION INFORMEDIA PVT.LTD. AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that the discretionary order condoning the 15‑day delay was proper and therefore dismissed the writ petition.

Summary

The petitioners filed a writ petition under Article 227 challenging the order of the Judicial Magistrate First Class (JMFC) that condoned a 15‑day delay in filing a complaint under Section 138 of the Negotiable Instruments Act. The original complaint was e‑filed within the statutory period but was rejected because a physical copy was not submitted within seven days. The petitioners argued that the re‑filing of the same complaint along with an application for condonation was impermissible, while the respondent contended that the delay was minimal and the trial court’s discretion should not be disturbed. The court examined the record, noting that the complaint had indeed been filed within the limitation and that the delay of 15 days was duly condoned by the JMFC and affirmed by the Sessions Judge. Finding no merit to interfere with the discretionary exercise of jurisdiction, the court dismissed the writ petition. Consequently, the order condoning the delay stands affirmed.

Issues considered

  • Whether the Judicial Magistrate First Class erred in condoning a 15‑day delay in filing a Section 138 complaint that was initially rejected for lack of a physical copy.
  • Whether a complaint re‑filed through e‑filing together with an application for condonation of delay is maintainable.
  • Whether the discretionary order of the trial court can be interfered with under Article 227 of the Constitution.

Legislation cited

Subjects

  • Section 138 NI Act
  • condonation of delay
  • e‑filing
  • Article 227
  • discretionary jurisdiction
  • criminal procedure

Judgment

                                                                                39-WP-4096-2025.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
ARJUN                                     WRIT PETITION NO.4096 OF 2025
VITTHAL
KUDHEKAR              World Federation Of Cardiac                              ...Petitioners
Digitally signed by
ARJUN VITTHAL         Imaging And Clinical Cardiology Trust & Anr.
KUDHEKAR
Date: 2026.08.18
                              Versus
22:08:53 +0530
                      Medivision Infomedia Pvt. Ltd. & Anr.                    ...Respondents

                                                   ——————
                      Mr. Hemant Kenjalkar a/w Pallavi Bule & Jinal Mehta, for the Petitioners.
                      Mr. Somnath Iyer (Through Video Conferencing), for Respondent No.1.
                      Mr. S. S. Ghag, APP, for the Respondent-State.
                                                      ——————
                                                         Coram: Madhav J. Jamdar, J.
                                                         Date: August 18, 2026
                      P.C.:

                      1.      Heard Mr. Kenjalkar, learned Counsel appearing for the

                      Petitioners and Mr. Iyer, learned Counsel appearing for Respondent

                      No.1.

                      2.      By this Writ Petition filed under Article 227 of the Constitution of

                      India, the challenge is to the Order dated 21st August 2024 passed by

                      the learned JMFC, 7th Court, Dadar, Mumbai, in Miscellaneous

                      Application No.541 of 2024 which was filed for condonation of delay of

                      15 days in lodging a Complaint under Section 138 of the Negotiable

                      Instruments Act, 1881 (“NI Act”). In the Petition, the Order dated 16th

                      June 2025 passed by the learned Additional Sessions Judge, City Civil

                      and Sessions Court at Mazgaon, Greater Mumbai, in Criminal Revision



                      Arjun                                1
                                                       39-WP-4096-2025.doc


Application No.767 of 2024, by which the said Order dated 21st August

2024 was confirmed, is also challenged.

3.      It is the submission of Mr. Kenjalkar, learned Counsel for the

Petitioners that the Complaint, which was filed through e-filing, was

within limitation. However, the said Complaint was rejected on the

ground that a physical copy of the Complaint was not filed. He,

therefore, submits that filing of second Complaint which is e-filed

alongwith the application for condonation of delay is not maintainable.

4.      Mr. Iyer, learned Counsel for Respondent No.1 submits that, as

the e-filed Complaint was rejected on the ground that the physical copy

was not filed within stipulated period, a fresh Complaint has been e-

filed along with an application for condonation delay. He submits that

the learned Trial Court allowed the said application for condonation

delay. He further submits that, in any case, the delay was only 15 days

and, therefore, no interference in the discretionary order passed by the

learned Trial Court is warranted.

5.      Perusal of the record shows that the Complaint under Section 138

of NI Act was e-filed on 16th February 2024. It is an admitted position

that the said Complaint was filed within the prescribed period. The said

Complaint was thereafter rejected on the ground that physical copy had

not been filed within seven days. Thereafter, upon rejection of the

Complaint on 2nd March 2025, the Complainant i.e. the Respondent,


Arjun                               2
                                                         39-WP-4096-2025.doc


filed an application for condonation delay and along with Complaint

which had been e-filed earlier was re-filed. In these circumstances, there

was a delay of 15 days and the same has been condoned.

6.      Thus, this is a case where the same Complaint has been re-filed

along with an application for condonation delay. In any case, the learned

JMFC has condoned the delay of 15 days. The said Order which is

discretionary has been confirmed by the learned Sessions Judge.

7.      In the facts and circumstances, no case is made out for

interference in the extraordinary and discretionary jurisdiction of this

Court under Article 227 of the Constitution of India.

8.      Accordingly, the Writ Petition is dismissed.



                                                  [Madhav J. Jamdar, J.]




Arjun                                3


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