SUDHIR Vs. TUBA CONSTRUCTIONS ZAKARIA HOUSE

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 378 of the Code of Criminal Procedure, 1973 being crestfallen by the order dtd. 15/11/2021 passed by the learned Judicial Magistrate First Class, Indore (M.P.) in SC NIA No. 16712/2011 by which the learned Judge has acquitted the respondents.

(2.) An application I.A. No. 12489/2022 has also been filed by the petitioner for condonation of delay in filing this revision. The revision petition is barred by 94 days.

(3.) Learned counsel for the petitioner has submitted that the impugned order dtd. 15/11/2021 passed by the learned trial Court wherein, the complaint of the appellant against the respondents was dismissed in default of non-prosecution. He has also submitted that non-appearance of the appellant's counsel on the intended date i.e. 28/10/2021 only occasioned due to inadvertence on the part of counsel's clerk in noting the date incorrectly as 28/1/2022 by which time, the complaint was already dismissed. The same may be read in consonance with this application for condonation of delay. He has further submitted that the knowledge of said impugned order was derived only in the first week of July, 2022, the appellant has been steadfast in approaching this Hon'ble Court after making inquiries and obtaining certified copies of the proceedings and impugned order.