Manish Jain v. Govinda Impex Limited

26.02.

CRMSPL 75 of 2023 IA NO: CRAN 1 of 2023 Ct rup Manish Jain & Ors.

Vs.

Govinda Impex Limited Mr. Pawan Kumar Gupta, Ms. Sofia Nesar, Mr. Santanu Sett, Mr. Priyanshu Kothari, Ms. Hakima Khatoon ... for the appellant. In re: CRAN 1 of 2023

1. Affidavit of service is filed and the same be taken on record.

2. This application under section 5 of the Limitation Act for condonaiton of delay in filing petition for leave to file appeal.

3. It is submitted that there was delay of 515 days in preferring the leave to this appeal. It is submitted that reason of delay was due to sudden demise of father of the petitioner who was originally the complainant of this case.

4. The reason assigned in the petitioner itself is found satisfactory. The delay is condoned.

5. Accordingly CRAN 1 stands disposed of.

CRMSPL 75 of 2023

6. This appeal has been filed with prayer for leave to appeal against the order dated 30.04.2022 in

connection with C 7327 of 2012, whereby learned Metropolitan Magistrate, 16th Court, Calcutta dismissed the case invoking the provision of section 256 of the Code of Criminal Procedure on the ground of non-submission of show cause by the complainant who remained absent.

7. Heard learned counsel appearing on behalf of the appellant and also perused the judgment impugned.

8. Leave is granted to the appellant to file appeal within the statutory period.

9. Accordingly Special Leave Petition stands disposed of. (Bibhas Ranjan De, J.)