HARYANA COOPERATIVE NATC SOCIETY LTD. Vs. MOHINDER SINGH

JUDGEMENT

(1.) The present application has been filed on behalf of the applicant seeking condonation of delay of 114 days in filing the application under Sec. 378(4) Cr.P.C. for grant of leave to appeal. The application seeking leave to appeal has been filed impugning the order dtd. 8/11/2017 passed by Additional Sessions Judge, Kaithal whereby the appeal filed by the respondent (herein) was allowed and he was acquitted of the charges under Sec. 138 of the Negotiable Instruments Act.

(2.) Learned counsel for the applicant, while seeking grant of prayer for condonation of delay of 114 days, has iterated that the delay has occurred as the applicant, being a Co-operative Society, was required to complete certain formalities before filling the appeal. It has been further iterated that the certified copy of the impugned judgment was inadvertently placed in another official record and could not be traced despite repeated efforts. It was only in the first week of February, 2018 that the certified copy of the judgment was located whereupon immediate steps were taken to prefer the appeal. According to learned counsel, due to bona fide mistakes in calculation of limitation, objections were raised by the Registry, leading to re-filing. Learned counsel asserts that immediately upon gaining this knowledge, the applicant-Society took all the necessary steps to arrange for the filing of the present application seeking leave to appeal. Consequently, a delay of 114 days has occurred in filing the application seeking leave to appeal. Learned counsel for the applicant has further argued that the circumstances of the case indicate that the delay in filing the instant application seeking leave to appeal is neither intentional nor deliberate and hence delay deserves to be condoned.

(3.) I have heard learned counsel for the applicant and have perused the paper-book.