MALLIKARJUNA SWAMY D.M. Vs. U.R. ANNESH

JUDGEMENT

(1.) IA No.2/2022 is filed under Sec. 5 of the Limitation Act seeking condonation of delay of 97 days in filing this appeal.

(2.) This appeal has arisen from the judgment dtd. 22/2/2022 dismissing the appellant's complaint under Sec. 200 of Cr.P.C., for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) According to appellant's counsel, the appellant had filed a criminal petition under Sec. 482 of Cr.P.C., before this court challenging the order of rejecting his application for amending a typographical error crept in the complaint. At the initial stage in the criminal petition, this court granted interim order staying the proceedings in the complaint. However, it was dismissed on 28/6/2022. Therefore it is stated that considerable time was lost in prosecuting the criminal petition till 28/6/2022 and therefore the appeal could not be filed within time.