Naman Traders v. M. K. Sharma

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 1139 of 2016 Naman Traders Versus M. K. Sharma 21.11.2016 Mr. Ashish Surana, Counsel for the Petitioner. None appears for the Respondent even though the service has been made up.

Today the matter is taken up for consideration of I.A. No.1/2016 which is an application for condonation of delay.

Taking into consideration the reasons assigned in the said application and the same found to be satisfactory, I.A. No. 1 is allowed. The delay of 333 days in filing the present Petition is condoned.

Further taking into consideration the fact that Criminal Complaint Case was dismissed for non appearance of the Counsel. It is said that the Counsel engaged by the complainant was indisposed and subsequently expired.

Considering the peculiar facts of the case, in the opinion of this Court, a strong ground for leave has been made out.

Accordingly, the present Cr.M.P. stands allowed.

It is ordered that the present Cr.M.P. be registered as Acquittal Appeal.

Also heard on admission.

The Acquittal appeal is admitted for hearing. Let fresh notice be issued to the Respondent on payment of process fee and the matter be listed for further consideration immediately after the service is complete on the Respondent.

Sd/- P. Sam Koshy Judge kishore