FINCAP PORTGOLIO LTD Vs. STATE

JUDGEMENT

(1.) These seven Leave Petitions (Crl.L.Ps. 484/2011, 485/2011, 486/2011, 487/2011, 488/2011, 489/2011 & 490/2011) arise out of a similar order passed in seven Complaint Cases under Section 138 of the Negotiable Instruments Act, 1881 ('the Act') whereby the seven complaints were dismissed on account of the non-appearance on behalf of the Complainant and the accused, that is, Respondents No.2 to 4 were acquitted.

(2.) The order dated 14.07.2010 passed by the learned Metropolitan Magistrate, Patiala House, New Delhi is extracted hereunder:-

(3.) Along with the Leave Petitions, an Application under Section 5 of the Limitation Act, 1963 has been moved for condonation of delay of 404 days in filing these Leave Petitions. The grounds set up in the Applications are that the junior counsel appearing for the main counsel did not inform him (the main counsel) about the dismissal of the Complaint for non-appearance. Thus, the delay in filing the Appeal (Leave Petitions) is not intentional but on account of the reasons beyond the powers of the Petitioner.