Hon’ble Pratyush Kumar, J.—List revised. None responds for O.P. No. 2. Though appearance has been put in on his behalf, but no counter-affidavit has been filed.

2. Heard Shri K.K. Arora, learned counsel for the revisionist.

3. By the instant revision the accused-revisionist questions the correctness of the judgment and order dated 27.1.2000 passed by the IInd Additional District & Sessions Judge, Meerut in Criminal Revision No. 9 of 1997, Arun Kumar Maheshwari v. Ansar Ali Rana, whereby order dated 13.12.1996 dismissing the complaint registered as complaint case No. 215/1995, Arun v. Ansar Ali, under Section 138, N.I. Act, P.S. Brahampuri was set aside and trial Court was directed to afford opportunity of hearing to parties and dispose of Delay Condonation Application under Section 5 of the Limitation Act moved by the present revisionist.

4. On behalf of the revisionist very briefly it has been submitted that O.P. No. 2 filed a complaint registered as Complaint Case No. 3439/93 against the present revisionist under Section 138, N.I. Act which was dismissed on 18.4.1995, thereafter, O.P. No. 2 filed a fresh complaint on 28.4.1995 alongwith application under Section 5 of the