OM PARKASH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is an application under Section 5 read with Section 14 of Limitation Act, 1963 seeking condonation of delay of 33 days in filing the application under Section 378 (4) Cr.P.C. seeking leave to appeal.

(2.) As per learned counsel for the applicant, under a bonafide mistake a Criminal Revision was filed instead of Criminal Appeal. The said Criminal Revision was returned by the Registry and thereafter the present appeal was filed and in this process delay of 33 days had occurred, which is not intentional.

(3.) The applicant has filed the present application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 1.11.2017 passed by the learned Judicial Magistrate Ist Class, Jalandhar vide which the complaint filed by applicant-complainant Om Parkash against respondent-accused Ashok Kumar was dismissed and the respondent was acquitted of the charge under Section 500 of the Indian Penal Code, 1860 ('IPC' for short).