HDFC BANK LIMITED Vs. OM PARKASH

JUDGEMENT

(1.) CRM No. 37795 of 2013 Learned counsel for the applicant contended that the delay occurred as the applicant has availed remedy before Sessions Court by filing appeal, which was not maintainable there as it was the complaint case and Magistrate has acquitted the accused.

(2.) In view of the above contention, the application is allowed. Delay of 419 days in filing the appeal is condoned.

(3.) Applicant has filed this application under Section 378(4), Cr. P. C. seeking permission for leave to appeal against Om Parkash respondent challenging the judgment of acquittal dated 24.03.2012 passed by learned Judicial Magistrate Ist Class, Hisar, whereby the accused-respondent has been acquitted under Section 138 of the Negotiable Instruments Act.