JUDGMENT :

SATYEN VAIDYA, J.

1. The delay in filing the appeal under Section 378 of the Code of Criminal Procedure (for short ‘the Code’) is sought to be condoned by way of instant application.

2. The complaint filed by applicant/appellant against respondent under Section 138 of the Negotiable Instruments Act, was dismissed by learned Judicial Magistrate First Class, Arki, District Solan, H.P. vide judgment dated 30.09.2019 passed in Criminal Case No. 51/3 of 2013.

3. The contents of instant application reveal that there is a delay of 807 days in filing the appeal. It is submitted that the delay as has occurred in filing the appeal is neither intentional nor willful. As per applicant, his counsel had not intimated him about the fate of the complaint, which was dismissed by learned trial Court on 30.9.2019. The applicant contacted his counsel in second week of March, 2020 and then came to know about the dismissal of the complaint. The applicant was informed that in order to assail the judgment of acquittal, applicant had to file appeal in the High Court. Thereafter, the applicant was prevented from filing the appeal due to COVID-19 restrictions. The applicant again contacted his counsel