SHARMAJI TEXTILES Vs. SANDEEP TRADERS

JUDGEMENT

(1.) Heard learned counsel appearing for the applicant. I have also heard the learned counsel appearing for the respondents. There is a delay in making an application under sub section 4 of section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code"). Therefore, by filing present application, the applicant-original complainant has invoked section 5 of the Indian Limitation Act, 1963 (hereinafter referred to as "the said Act of 1963").

(2.) The delay is of seventeen days. The explanation for the delay is that the applicant was suffering from heart ailment and blood pressure. It is stated that the applicant is a diabetic patient and is bed ridden and, therefore, the applicant could not approach an advocate for filing the application within limitation.

(3.) The opposition of the learned counsel appearing for the first and second respondents is on two grounds. The first ground is that in view of the period of limitation provided under sub section 5 of section 378 of the said Code, section 5 of the said Act of 1963 will have no application. The second opposition is on the ground that there is no proper explanation for delay and though the ground of sickness is pleaded, the medical certificate is not produced.