BIR SINGH Vs. PRADEEP SALHURIA

JUDGEMENT

(1.) Mr. Gurdev Negi, Advocate has filed Power of Attorney on behalf of the respondent. He states that he does not intend to file any reply to the application and has no objection in case the delay in maintaining the present petition, is condoned.

(2.) Having carefully perused the averments contained in the application, this Court is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same is occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 1 year, 2 months and 11 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of. The petition be registered.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act vide judgment dated 21.9.2017 and accordingly convicted and sentenced him, as per the description given hereinabove.