High Court of Punjab and HaryanaCRM-A/1085/2017dismissed

M/S Rana Tyres. v. Mukesh Kumar Jindal

2019-04-03Mr. Justice Anil Kshetarpal2 pages

CRM No.16388-2017 in/and CRM-A-1085-MA-2017 (O&M -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.16388-2017 in/and CRM-A-1085-MA-2017 (O&M) Date of Order: 03.04.2019 M/s Rana Tyres ..Appellant

Versus

Mukesh Kumar Jindal ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Gautam Kaile, Advocate for the appellant.

ANIL KSHETARPAL, J(Oral) Two cases under Section 138 of the Negotiable Instrument Act, 1881 were initiated against the respondent. Both were tried simultaneously and were inter-connected. In both the cases, the prosecution failed to establish its case and, therefore, the complaints were dismissed. Application under Section 378(4) of the Code of Criminal Procedure against the aforesaid connected judgment passed on the same day by the same Presiding Judge has been dismissed vide order dated 13.02.2019 in Criminal Misc. No.14150 of 2017 on the ground of delay. In the present case, the delay is 422 days. On reading of the application, it is apparent that the delay has not been properly explained and the applicant has failed to plead sufficient cause for seeking condonation of huge delay in filing the appeal.

NARESH KUMAR 2019.04.09 14:15 I attest to the accuracy and integrity of this document Chandigarh

CRM No.16388-2017 in/and CRM-A-1085-MA-2017 (O&M -2Hence, the application for condonation of delay as well as appeal are dismissed.

April 03, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.04.09 14:15 I attest to the accuracy and integrity of this document Chandigarh