LAWS(SIK)-2020-3-2

KIKI DOMA BHUTIA Vs. BIJENDRA KUMAR SINGH

Decided On March 04, 2020
Kiki Doma Bhutia Appellant
V/S
Bijendra Kumar Singh Respondents

JUDGEMENT

(1.) Crl. L.P No. 4/2019 is an application under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short, CrPC), praying for special leave to appeal to the appellant to prefer appeal against the order dated 26.02.2019 passed by the learned Judicial Magistrate- Ist Class, East Sikkim at Gangtok in Private Complaint Case No. 33 of 2018. Crl. L.P No. 5/2019 is a similar application filed under Section 378 (4) CrPC praying for special leave to appeal to the appellant to prefer appeal against the impugned order dated 26.02.2019 passed by learned Judicial Magistrate-1st Class, East Sikkim at Gangtok in Private Complaint Case No. 34 of 2018.

(2.) Both Private Complaint Case No. 33 of 2018 and Private Complaint Case No. 34 of 2018 are complaints filed by the appellant under Negotiable Instruments Act, 1881 (for short, N.I Act) against the present respondent.

(3.) Private Complaint Case No. 33 of 2018 was accompanied by an application under Section 142 (1) (b) of the N.I Act for condonation of delay of 39 days in preferring the connected complaint. Private Complaint Case No. 34 of 2018 was also similarly accompanied by an application for condonation of delay under Section 142 (1) (b) of the N.I. Act for condonation of delay of 78 days.