LAWS(P&H)-2016-3-383

RADHA KRISHAN Vs. STATE OF PUNJAB AND OTHERS

Decided On March 17, 2016
RADHA KRISHAN Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner has filed the present revision petition impugning the order dated 12.5.2014 passed by learned Additional Sessions Judge, Jalandhar, whereby his appeal against the judgment dated 15.1.2011 passed by the Judicial Magistrate 1st Class, Jalandhar, acquitting the respondents No.2 and 3, was dismissed.

(2.) Learned counsel for the petitioner contends that against the judgment dated 15.1.2011 petitioner had filed a Criminal Revision No.4160 of 2012 titled 'Radha Krishan vs. Satpal Gandhi @ Satti and another' and the said revision petition was disposed of by this Court vide order dated 1.3.2013. The petition was relegated to the Sessions Judge/Appellate Court with a direction to file appeal in view of the amended provisions within 30 days from that date. He submits that though the appeal was required to be filed on or before 31.3.2013 but same could be filed on 2.4.2013. He submits that the appeal was filed well within the period prescribed, of course on receipt of certified copy of the judgment.

(3.) Learned counsel for respondents No.2 and 3 has argued that the petitioner has filed the incomplete appeal and, therefore, was not entitled to seek condonation of delay and the appeal was rightly dismissed on the ground of limitation. I have heard learned counsel for the parties.