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2024 Supreme(HP) 74

RANJAN SHARMA
Sunil Kumar – Appellant
Versus
Anand Automobile – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Amit Sharma, Advocate.
For the Respondents:Mr. Anubhav Chopra, Mr. Prashant Sen, Deputy Advocate General

JUDGMENT :

Ranjan Sharma, J.

Cr.MP(M) No. 628 of 2024

This is an application under Section 5 of Limitations Act, praying for condonation of 1 year 7 months and 26 days, of delay in filing the accompany Criminal Revision Petition. Para 2 of the application narrate the sequel of events, leading to the aforesaid delay, as the petitioner-accused could not arrange the amount due to financial stringency. The reasons mentioned in the application, explaining the delay, appear to be bonafide and unintentional.

2. On issuance of notice on this application on 3.4.2024, Mr. Anubhav Chopra, Advocate, has put in appearance on behalf of Respondent No.1 [M/s Anand Automobile NH-20 Bodh, Tehsil Nurpur, District Kangra, H.P].

Mr. Anubhav Chopra, Advocate, on instructions, at the very outset submits that the Respondent No.1-Complainant/non-applicant does not intend to pursue the matter/proceedings under Section 138 of the Negotiable Instruments Act and states that he has no objection to the aforesaid application.

3. Moreover, since respondent No.2-State is a formal party-respondent in the instant proceedings, originating under the statute i.e. Negotiable Instruments Act, 1881 [hereinafter referred to as

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