Mr. Inderjit Singh, J.: - CRM No.37795 of 2013

Learned counsel for the applicant contended that the delay occurred as the applicant has availed remedy before Sessions Court by filing appeal, which was not maintainable there as it was the complaint case and Magistrate has acquitted the accused.

2. In view of the above contention, the application is allowed. Delay of 419 days in filing the appeal is condoned.

CRM No.A-646-MA of 2013

3. Applicant has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against Om Parkash respondent challenging the judgment of acquittal dated 24.03.2012 passed by learned Judicial Magistrate Ist Class, Hisar, whereby the accused-respondent has been acquitted under Section 138 of the Negotiable Instruments Act.

4. It is mainly stated in the application that appeal is good on merits. The judgment of acquittal of accused-respondent has caused grave miscarriage of justice. It is, therefore, prayed that applicant may be granted leave to appeal against the impugned judgment dated 24.03.2012 passed by learned JMIC, Hisar.

5. I have heard learned counsel for the applicant and have gone through the record.

6. Learned JM