TERNA SHETKARI SAHAKARI SAKHAR KARKHANA LTD Vs. UTTAM

JUDGEMENT

(1.) THIS is an application seeking condonation of delay of 541 days occurred in approaching this Court with an application seeking leave to file appeal against the order of acquittal recorded by Chief Judicial Magistrate, Osmanabad in S.C.C. No.400/2001 dated 04.04.2007.

(2.) I have perused the application. It is stated in para 2 of the application that elections to the factory were held in June 2007 and new committee was elected in the said election and advocates' panel was also changed. Another reason given is that office of the complainant has received knowledge in respect of dismissal of the complaint in the month of July 2008 and thereafter they have taken appropriate steps. The reasons stated are not convincing for the reason that complaint under Section 138 of the Negotiable Instruments Act was presented on 12.02.2001 and same came to be dismissed for default on the part of complainant on 04.04.2007. Long span of seven years pendency of proceedings before the trial Magistrate, itself speaks of want of due diligence on the part of complainant. The complaint remained pending on the file of learned Chief Judicial Magistrate for seven years and the complainant, in spite of such long pendency, failed to prosecute the complaint diligently. Even after dismissal of complaint in April 2007, there is delay of 541 days in approaching this Court with an application seeking leave to present appeal. In these circumstances, no indulgence is required to be shown to the complainant.