SHRAVAN KUMAR SARGARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application under Section 378(4) Cr.P.C. for grant of leave to appeal has been preferred by the applicant-appellant Shravan Kumar for assailing the judgment dated 24.3.2015 passed by learned Addl. Chief Judicial Magistrate, Pali in Original Complaint No. 307/2014 (348/2012) titled as Shravan Kumar Vs. Vivek Mehta, whereby the respondent accused was acquitted of the charge under Section 138 of the N.I. Act.

(2.) It may be stated here that initially the applicant-complainant filed an appeal No. 40/2017 under Section 372 Cr.P.C. against the judgment dated 24.3.2015 which was rejected by the learned Addl. Sessions Judge, Pali vide judgment dated 27.2.2017 holding the same to be not maintainable.

(3.) Admittedly, the limitation to file leave to appeal application against the judgment of acquittal recorded in a complaint case is only 60 days. The instant leave to appeal came to be presented on 5.5.2017 and is thus time barred by 774 days.