SUMITHRA BHAT Vs. BEN COMPOSE

JUDGEMENT

(1.) IA No.2/2020 is filed under Sec. 5 of the Limitation Act for condoning the delay of 322 days in filing this appeal.

(2.) It is submitted by Sri Tribhuvan Chakravatrhy, learned counsel for the appellant that the appellant had earlier filed the appeal numbered as Crl.A.No.620/2019. It was withdrawn. This court by order dtd. 13/1/2020 granted liberty to the appellant to file fresh appeal at the time of dismissing the appeal as withdrawn and thereafter the present appeal was filed and thus the delay occurred. It is submitted that the delay has been explained and therefore it is to be condoned.

(3.) Sri Roy D Silva, learned counsel for the respondent submits that the appellant did not appear before the trial court for quite a long time, this shows negligence on the part of the appellant in prosecuting the case. The trial court was justified in dismissing the case and discharging the accused. There are no reasons for condoning the delay.