RAJ KUMAR Vs. LAKHWINDER PAL

JUDGEMENT

(1.) Vide judgment dated 18.5.2013, the trial Court acquitted the respondent of the offence under Section 138 of the Negotiable Instrument Act, 1881. The instant appeal has been preferred against the said judgment, but with a delay of 420 days.

(2.) Notice of the application for condonation of delay was issued and reply thereto has been filed on behalf of respondent.

(3.) Learned counsel for the applicant submits that within less than four weeks of the date of the judgment of acquittal, an appeal was erroneously filed before the Court of Session. On realizing that the appeal was not maintainable, application dated 11.4.2014 was filed for withdrawal thereof. The application was allowed on the same day and thereafter, a revision was filed against the judgment of acquittal. The revision was returned as not maintainable and thereafter, the present appeal has been filed. Thus, delay of 420 days has occurred and the same has been sufficiently explained.