VIJENDRA KUMAR Vs. DHIRENDRA DAVE

JUDGEMENT

(1.) An application under Sec. 5 of the Limitation Act has been filed by the appellant for condoning the delay of 888 days occurred in filing the criminal appeal.

(2.) For the reasons stated in the application the same is allowed. Delay of 888 days in filing the criminal appeal is condoned.

(3.) By way of filing the instant criminal appeal, challenge is made to the order dtd. 11/3/2014 passed by the learned Additional Chief Metropolitan Magistrate, CBI cases Jodhpur Metropolitan in Criminal Regular Case No.1541/2010 whereby the learning Judge after making crucial appreciation of evidence has acquitted the accused-respondent from the charges under Sec. 138 of the Negotiable Instruments Act. 2. Shorn off unnecessary details, briefly stated the facts of the case are that the dispute is with regard to a cheque No.190568 given by the respondent on 15/2/2008 to the complaint, who is appellant here. The case was decided by the learned Magistrate on 11/3/2014 whereafter, the leave to appeal came to be submitted before this court on 14/10/2016. A lenient view was taken while condoning the delay in filing the leave to appeal and whereafter the Coordinate Bench of this Court vide order dtd. 25/2/2019, the leave was granted and the instant appeal has been registered.