KALPESHKUMAR SUKHLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying condonation of delay of 372 days in filing the application seeking leave to prefer an appeal as well as in appeal.

(2.) The present applicant is the original appellant-complainant who has filed the aforesaid application challenging the judgment and order of acquittal dtd. 12/1/2023 under sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I.Act") in Criminal Case No. 1616 of 2021 passed by the learned Additional Chief Judicial Magistrate, Halol.

(3.) The aforesaid application is vehemently opposed by the learned advocate Mr.P.M.Dave for the respondent no.2 and submitted that applicant is not vigilant enough to approach this Court as soon as the acquittal order is passed and lack of knowledge and financial condition cannot be ground for considering as reasonable explanation for condonation of delay. Learned advocate submits that sufficient cause is paramount consideration for considering the application for condonation of delay and if the applicant fails to show the sufficient cause to condone the delay then delay application deserves to be dismissed. Learned advocate submits that the judgment and order of acquittal dtd. 12/1/2023 for which the certified copy was applied for and the appeal was filed on 5/2/2024 shows the negligence and lack of bonafide on the part of the present applicant.