SURENDER KUMAR Vs. RAM CHANDER

JUDGEMENT

(1.) The present application under Section 5 of the Limitation Act has been filed for condonation of delay of 111 days in filing the appeal. For the reasons enumerated in the application, the same is allowed. The delay of 111 days in filing the appeal is hereby condoned.

(2.) This appeal was preferred by the petitioner assailing the order dated 05.08.2013 passed by learned Judicial Magistrate Ist Class, Hisar whereby the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the N.I. Act") was dismissed in default.

(3.) Based on the preliminary evidence led by the petitioner, the respondent was summoned to face trial. On 05.08.2013 when the case was fixed for evidence of the petitioner, Janak, Assistant Manager, State Bank of India, Thurana, being a witness, appeared in the Court. However, on that day on account of non appearance of the complainant and his counsel the complaint was dismissed and the respondent-accused was acquitted.