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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
Jogindra Central Co-operative Bank Limited – Appellant
Versus
Himachal Aluminium Company Ltd. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This application has been filed for condonation of delay in filing Criminal Appeal against judgment dated 28.03.2014 passed by Judicial Magistrate First Class, Solan, in Case No.4/3 of 2001/98 titled Jogindra Central Co-operative Bank Limited vs. M/s Himachal Aluminium Company Ltd.
2. It is apt to record that, as on date, respondent No.1- Company is not in existence, however, respondent No.2-Bhag Chand Jain, on the basis of record, has been found to be acting as Director of the Company, at the relevant point of time, i.e. on the date of alleged commission of the offence and, therefore, it has been observed by this Court that presence of Bhag Chand Jain would be sufficient for adjudicating the present matter.
3. Learned counsel for the applicant/appellant submits that in present case, on the basis of wrong advice, an appeal against order of acquittal dated 28.03.2014 passed by Judicial Magistrate First Class, Solan, was preferred before the Sessions Judge, Solan, whereas, as per the provisions of Criminal Procedure Code, the same was to be filed before this High Court. It has been further submitted that on realising the mistake, the appeal preferred bef
The applicant must provide reasonable and acceptable explanations for filing delays beyond the limitation period, which mere bureaucratic processes often do not satisfy.
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