Sanjeev Gupta vs Ramesh Chandak
2024 Latest Caselaw 749 Chatt

Chattisgarh High Court

Sanjeev Gupta vs Ramesh Chandak on 2 July, 2024

        Neutral Citation
        2024:CGHC:23312




                                         1



                                                                        NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRMP No. 1480 of 2024
        Sanjeev Gupta S/o T.N. Gupta, Aged About 42 Years, Proprietor- Samay
        Steel And Trading Company, Dhamdha Road, Road, Tahsil And District-
        Durg ( C.G.).
                                                                 ---- Petitioner
                                      Versus
        Ramesh Chandak S/o Late Purshottam Chandak, Aged About 63 Years
        Proprietor Maa Sharda, Traders, Gram Jevra Sirsa, Durg Road, Tahsil And
        District- Durg ( C.G.).
                                                               ---- Respondent

_________________________________________________________________ For Petitioner : Mr. Parth Shrivastava, Advocate

Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

02/07/2024

1. The present petition has been iled under Section 378(4) of Cr.P.C. for grant of Special Leave to Appeal.

2. Heard on admission as well as I.A. No. 01/2024, an application for condonation of delay in iling the appeal.

3. Learned Counsel for the petitioner contended that Learned JMFC, Durg has passed the order and judgment of acquittal dated 23.01.2024 in complaint case no. 2244/2017. Due to a limited understanding of the time constraints and the limitation aspects surrounding this appeal to challenge the impugned order, there was a delay in taking the necessary documents, the appellant promptly approached this Hon'ble Court. Due to lack of legal awareness and gathering the necessary documents, the appellant inadvertantly caused the delay. The delay in iling the instant appeal is bonaide not deliberate and only due to lack of legal knowledge.

4. On due consideration and for the reasons mentioned therein, I am inclined to allow I.A. No. 01/2024 and hereby allowed and Neutral Citation 2024:CGHC:23312

the delay of 39 days are condoned.

5. Petition being arguable is admitted for hearing.

6. Perused the impugned judgment and gone through the other materials available on record.

7. On due consideration, the application is allowed and leave is granted.

8. Registry is directed to register the present Cr.M.P. under the head of "Acquittal Appeal" and after registration, issue notice to respondent on payment of P.F., as per rules.

9. Notice be made returnable within 6 weeks.

10. In view of the above, the present Cr.M.P. stands disposed of.

11. List this case thereafter.

SD/-

(Arvind Kumar Verma) Judge Madhurima