SPLA/134/2022
2022 Latest Caselaw 3351 UK

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                                  SPLA No. 134 of 2022
                                  With
                                  G.A. No. 304 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Ms. Pushpa Joshi, learned Senior Advocate assisted by Ms. Chetna Latwla, Advocate for the applicant-appellant.

Mr. Pratiroop Pande, learned A.G.A. for the State of Uttarakhand.

Mr. Sanjeev Singh, Advocate for respondent no.2.

Learned counsel for the respondent no.2, doesn't purposes to file any objections to the delay condonation application, as there is a meagre delay of 14 days' only in filing the application for special leave to appeal, which has been preferred against the judgment dated 21.06.2022, which has been rendered by the court of learned 5th Additional Sessions Judge, Haridwar in Criminal Appeal No. 01 of 2022 "Avinash Chauhan Vs. State of Uttarakhand and another", whereby the respondent no.2, has been acquitted in a proceedings, which were held under Section 138 of Negotiable Instruments Act, which was registered against him at Police Station-Bahadarabad, District Haridwar.

Since, the delay condonation application has not been opposed, couple with the fact that the delay of 14 days have been satisfactorily explained, the delay would stand condoned.

Accordingly, so, the application for leave to appeal, as preferred by the applicant, since is not seriously opposed by the respondents, therefore, the same too would stand allow, and the leave to appeal would stand granted.

With the consent of learned counsel for the parties, the present criminal appeal is heard at admission stage.

Admit the appeal.

Summon the lower court record. List after the receipt of the lower court record.

(Sharad Kumar Sharma, J.) 17.10.2022 Mamta