Suresh Aggarwal v. Sonia Aggarwal And ORS

CRM-A-801-MA of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-A-801-MA of 2016 (O&M) DATE OF DECISION :- March 01, 2018 Suresh Aggarwal ...Applicant

Versus

Sonia Aggarwal and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- None for the applicant.

*** There is no representation on behalf of the applicant. Similar was the position on the last date of hearing. This is an application under Section 378(2) Cr.P.C. for grant of leave to appeal against the impugned judgment and order dated 7.3.2015 passed in a complaint case by Sub Divisional Judicial Magistrate, Batala. The applicant has approached the Court belatedly by 326 days. An application under section 5 of the Limitation Act for condonation of delay has been filed for the reason that delay took place as when the petition was instituted in this Court, several objections were raised by the Registry, thereafter the file was misplaced, as such a fresh copy of judgment had been applied for resulting into delay.

I do not find the reasoning given to be convincing, as such the petition is liable to be dismissed being time barred. However, on merits also the petitioner does not seem to have any case. The judgment passed by the trial Court is well reasoned one based upon proper appraisal and correct Parvinder Singh 2018.03.05 14:01 I attest to the accuracy and integrity of this document Chandigarh

CRM-A-801-MA of 2016 (O&M) interpretation of law. I do not find any illegality or infirmity therewith which might have called for grant of leave to appeal. Therefore, the petition stands dismissed.

(H.S. MADAAN) JUDGE March 01, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No Parvinder Singh 2018.03.05 14:01 I attest to the accuracy and integrity of this document Chandigarh