KISHORIBA VIRBHADRASINH CHUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) By way of this application, the applicant seeks condonation of delay of 694 days caused in preferring the leave to appeal against the acquittal recorded by the 6 th Additional Chief Judicial Magistrate at Gandhinagar in Criminal Case No.14998 of 2006 proceedings under Sec. -138 of the Negotiable Instruments Act.

(3.) Learned Advocate for the applicant has submitted that the applicant as well as respondent were known to each other and were close family members and as a result, even after the acquittal, attempt to settle the dispute had taken place, wherein two persons were involved in the negotiation. However, even after long time, negotiation did not fortified. Therefore, the applicant had waited for outcome of such negotiation. It was only after negotiation had failed completely, present application is filed.