ISOTECH ENGINEERS PVT LTD Vs. RUPESH YADAV

JUDGEMENT

(1.) Crm-17811-2014:

(2.) It has been pleaded that learned Magistrate has dismissed the complaint filed by the applicant, in default, for want of prosecution vide order dated 24.12.2013 and acquitted the accused. However, the certified copy of the same was delivered to the applicant on 22.1.2014. Thereafter, the applicant approached the conducting counsel to file an appeal against the order dated 24.12.2013 and the case was handed over to him in the month of February, 2014. Counsel for the applicant was under the impression that appeal against the order of acquittal was to be filed before the Court of Sessions at Gurgaon and when he approached the registry on 21.2.2014 to file the appeal, he was informed that on account of dismissal of complaint in default, the appeal lies before High Court. Thus, delay of 77 days has occurred in filing the instant application under Section 378(4) CrPC.

(3.) The grounds stated in the application seem to be justified. Thus, the applicant has been able to establish sufficient cause warranting condonation of delay in filing the instant application.