Pradeep Agrawal v. Pradeep Vishwash

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr. M. P. No. 263 of 2017 Pradeep Agrawal Vs. Pradeep Vishwash 28.08.2017 Mr. C.J.K. Rao, counsel for the applicant.

Mr. Jitendra Shrivastava, counsel for the respondent. Heard on I.A.No.1/2017 for condonation of delay in filing the application for grant of leave to appeal. The applicant has initially availed the remedy of revision against the dismissal of the complaint filed u/s 138 of the Negotiable Instrument Act. That having been dismissed, the present Cr.M.P., seeking leave to appeal has been filed along-with acquittal appeal.

Considering the totality of the facts situation, I am inclined to condone the delay so as to adjudicate the case on merits. Accordingly, the delay of 729 days in in filing the Cr.M.P., is condoned and I.A.No.1 is allowed. Also heard on Cr.M.P.No.263 of 2017 for grant of leave to appeal.

On due consideration and after going through the record and the statement of the complainant Pradeep Agrawal, leave to appeal is granted. Cr.M.P. is allowed. Registry is directed to list this case as acquittal appeal.

Since the respondent is already represented, no further notice is required.

List it after six weeks.

Sd/- GOUTAM BHADURI JUDGE R a o