Smt. Subhra Singh v. Anand Kumar Sahu

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRMP No.1319 of 2016 Smt. Subhra Singh Vs. Anand Kumar Sahu 01/12/2016 Shri Prasoon Agrawal, Advocate for the applicant. Heard on IA No.1, which is an application for condonation of delay.

The facts of the present case is that, the applicant herein had filed a complaint case before the court below under Section 138 of NI Act. However, on the first date of hearing when the matter was fixed for evidence of complainant, on account of default on appearance of the applicant as well as her counsel, the complaint case got dismissed for want of prosecution. Considering the nature of the case and as sufficient reasons have been assigned to condone 43 days delay in filing the petition, IA No.1 is allowed and delay is condoned. Also heard on merits.

Taking into consideration the legal position as has been settled by the Supreme Court in catena of decisions, this court if of the opinion that a strong case has been made out for grant of leave.

Accordingly, present CrMP is allowed. Registry is directed to register this case as an Acquittal Appeal. The acquittal appeal is also admitted for hearing. Issue notice to the respondent by ordinary mode as well as by registered mode. PF within 10 days.

Let this matter be listed for further consideration immediately after service is complete on the respondent. Sd/- (P. Sam Koshy) JUDGE Inder