R AMESH KUMARI J. (ORAL)

CRM-48565-2023 Application has been filed for condonation of delay of 45 days in filing the application for grant of leave to appeal.

Keeping in view the averments made in the application duly supported by affidavit of the concerned official, we are of the considered opinion that sufficient cause is made out to condone the delay as it is settled principle that each and every day's delay is not to be explained. Accordingly, delay of 45 days in filing the aforesaid application is hereby condoned.

CRM stands disposed of CRM-A-1636-2023

1. The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section 138 of the Negotiable Instruments Act , 1881 (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

2. The limited question arising for consideration in the present proceedings is whether an ap