SMT. PREMA Vs. S. PRASANNA

JUDGEMENT

(1.) I.A. 1/15 has been filed by the appellant praying to grant leave to file the appeal. I.A.2/15 has been filed by the appellant praying to condone the delay of 311 days in filing the appeal.

(2.) It is. stated, the appellant had filed private complaint in PCR No. 25512/2013 on the file of the XXII Addl. CMM, Bengaluru for the offence punishable under section 138 of the N.I. Act. The complaint was dismissed for non -prosecution on 24.11.2014. It was challenged in Criminal .P.No. 8146/2014. The said petition was disposed of reserving liberty to the petitioner to avail the statutory remedy. Thereafter, the petitioner preferred criminal revision petition before the Sessions Court. It was withdrawn with liberty to file the appeal. Thereafter, the present appeal has been filed. Therefore, there is delay of 311 days in filing the appeal. It may be condoned and leave may be granted to file the appeal.

(3.) The learned counsel for the respondent opposes the applications contending that the respondent is harassed by the appellant by filing case after case.