UMESH MEHRA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act, 1963 (for short, the Act) seeking condonation of delay of 748 days in filing the present criminal revision petition.

(2.) Learned counsel for the applicant -petitioner contends that respondent No. 2 misappropriated Rs. 2.25 lac entrusted to him in cash and also illegally detained goods worth Rs. 9,36,360/ -. On registration of FIR against him, though Rs. 1 lac was returned by him, but he did not return the remaining amount of Rs. 1.25 lacs as well as the goods worth Rs. 9,36,360/ -. Subsequently also, respondent -accused again compromised the matter and assured the petitioner to return back the aforesaid amount and goods and therefore, the petitioner did not pursue the instant case much diligently. However, the impugned judgments have been passed, acquitting him of the charge framed against him. It has been further pleaded that the petitioner had tried to resolve the dispute amicably with the help of respectables, but to no effect and thereby, the aforesaid delay has occurred.

(3.) Admittedly, respondent No. 2 has filed a suit for damages as well as criminal complaint for defamation against the petitioner and the petitioner has also filed a suit for recovery of Rs. 1.25 lacs which are also pending and therefore, the plea of the petitioner that the matter was being amicably settled is not believable. Moreover, the impugned judgment has been passed on 21.12.2012 whereas the applicant -petitioner has filed the instant revision petition on 5.4.2015 and therefore, the delay of 748 days in filing the present revision petition is inordinate one and the petitioner has not been able to sufficiently explain the same. Thus, the present application does not fulfil the requirement of law as laid down under Sec. 5 of the Act.