JUDGMENT

Harnaresh Singh Gill, J. - CRM-19752-2014

2. This is an application under Section 5 of the Limitation Act for condonation of delay of 634 days in filing the application seeking leave to appeal.

3. It is mentioned in the application that the complaint filed by the applicant-complainant was dismissed on 09.08.2012 and thereafter, the applicant had filed an appeal before the learned Sessions Judge, Jhajjar, well within the period of limitation, but the said appeal had been dismissed vide order dated 02.06.2014, being not maintainable. The delay had occurred due to filing of the appeal before the wrong forum.

4. Keeping in view the fact that the applicant had been wrongly pursuing the appeal before the learned Sessions Judge, the present application is allowed and the delay of 634 days in filing the application seeking leave to appeal, is condoned.

CRM-A-1030-MA-2014

5. Special leave to appeal has been sought against the judgment of acquittal passed by the learned Judicial Magistrate 1st Class, Bahadurgarh, while dismissing the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I.Act').

6. Proceedings were initiated on account of dishonour of c