MANOJ TYAGI Vs. NITIN GUPTA

JUDGEMENT

(1.) THIS is Delay Condonation Application No. 798 of 2011 for condonation of delay in filing appeal against the order of acquittal recorded by the trial court (Judicial Magistrate, Roorkee) on 31.10.2008, in Criminal Complaint Case No. 165 of 2008.

(2.) HEARD .

(3.) AFFIDAVIT filed by Manoj Tyagi in support of Delay Condonation Application simply shows that since petition under section 482 of Cr.P.C (No. 504 of 2009) was dismissed on 13.07.2011, with liberty to file an appeal, as such, the delay is liable to be condoned. Apparently it looks as if the 482 petition is filed due to inadvertence instead of filing the appeal, but on going through the papers on record, this court finds that explanation given for filing of delay is not bonafide. The reason being that, after the criminal complaint was dismissed by the Magistrate, on 31.10.2008, instead of filing an appeal the present appellant (complainant) filed Criminal Revision No. 562 of 2008, which was dismissed by Additional Sessions Judge/Ist Fast Track Court, Roorkee, on 29.04.2009, whereafter, the petition under section 482 of Cr.P.C., was filed.