JUDGMENT :

1. This application is filed under section 5 of the Limitation Act praying to condone the delay of 333 days in filing the application for seeking leave to prefer an appeal and criminal appeal before this Court.

2. It is the case of the complainant that complainant is a co-operative bank, at present under liquidation has filed a complaint before the learned Chief Judicial Magistrate, Patan bearing criminal case No.2223/2010, wherein the learned Trial Court has passed a judgment and order of acquittal on the ground that the complainant fails to establish legally enforceable debt against which the application for seeking leave to prefer an appeal and appeal is filed alongwith an application seeking condonation of delay of 333 days.

3. It is considered by the learned Advocate in the application that after liquidation management of the respondent-bank was changed and some problems of funds arose, therefore the applicant could not approach to this Court in time. It is further contended in the application that delay is not deliberate or intentional, but in absence of the knowledge the delay has occurred in challenging the judgment and order of the acquittal dated 10-07-2018.

4. The