SARLA DEVI Vs. BISHAMBER SINGH

JUDGEMENT

(1.) This is an application under Section 5 of Limitation Act, 1963 seeking condonation of delay of 86 days in filing the application under Section 378 (4) Cr.P.C. seeking leave to appeal on the ground that the present case was marked to the counsel through Legal Aid Committee. Thus, in that process, unintentional delay of 86 days has occurred.

(2.) For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed. Delay of 86 days in filing the application under Section 378 (4) Cr.P.C., is condoned.

(3.) Applicant Sarla Devi has filed the present application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 7.12.2017, passed by Additional Sessions Judge, Ludhiana, vide which the appeal filed by the respondent, challenging the judgment of conviction and order of sentence dated 30.3.2015, passed by Judicial Magistrate Ist Class, Ludhiana whereby he was convicted under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 3,000/- and, in default of payment of fine, to further undergo simple imprisonment of one month, was allowed and he was acquitted of the charge framed against him.