KMI BUSINESS TECH PVT LTD Vs. ASTRIC COMPUTERS

JUDGEMENT

(1.) THIS is an application for condonation of 223 days delay in filing the application for leave to file appeal.

(2.) A criminal complaint was filed by the applicant in the court of Metropolitan Magistrate under Section 138 of the Negotiable Instruments Act. The said complaint was dismissed under Section 256 of the Cr.P.C. Since the complainant and his Advocate remained absent on three occasions and therefore, by order dated 30th August, 2008, the complaint was dismissed. The present application for leave to file appeal has been filed after almost 223 days. The only ground which is given in the application for condonation of delay is that papers and proceedings in the complaint were misplaced/lost by the employee who was handling the matter. It is further submitted that the said employee left the organisation of the applicant without giving any intimation and therefore, the applicant had to trace the papers with great difficulty and that was the reason why the delay was caused in filing the application.

(3.) APPLICATION for condonation of delay is, therefore, dismissed. Application for leave to appeal does not survive and is disposed of.