HARI RAM CHOUDHRY Vs. NAVRATAN

JUDGEMENT

(1.) As per the office report, notice has duly been served upon the respondent No.1, however, no one has appeared on his behalf.

(2.) Heard on application under Sec. 5 of Limitation Act preferred on behalf of applicant-Hari Ram. It is contended by learned counsel for the applicant that due to inadvertence and lack of legal knowledge, the applicant had made challenge to the judgment of acquittal dtd. 12/7/2022 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.3, District Bikaner in Criminal Regular Case No.26/2022 by way of filing an appeal before the learned Sessions Judge, Bikaner on 8/8/2022 which was came to be dismissed by learned Additional Session Judge No.6, Bikaner on 17/10/2022 on the ground the appeal against the acquittal is not maintainable as per Sec. 378(4) of Cr.P.C. It is further submitted that it was a bonafide mistake and, thus, a wrongful forum was approached, therefore, in view of the above, the delay of 78 days in filing the instant criminal leave to appeal is condoned.

(3.) Heard on leave to appeal application.