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Judgment
Honourable Mr. Justice M.R. Shah
The present application u/s 5 of the Limitation Act has been preferred by the applicant-original complainant to condone the delay of 536 days in preferring the appeal challenging the judgment and order of acquittal passed by the learned Metropolitan Magistrate, Ahmedabad acquitting the private respondents herein for the offence punishable u/s 138 of the Negotiable Instruments Act. Though served, nobody appears on behalf of respondents nos. 2 and 3, though respondents nos. 2 and 3, being the same parties have appeared in another matter.
Having heard Shri Khambolja, learned advocate appearing on behalf of the applicant and Shri L.B. Dabhi, learned APP appearing on behalf of respondent No. 1-State and considering the averments made in the application in support of the prayer to condone the delay and considering the fact that against the impugned judgment and order of acquittal passed by the learned Metropolitan Magistrate the applicant preferred an appeal before the learned City Sessions Court, Ahmedabad by mistake and was prosecuting the appeal before the wrong Court bonafidely, sufficient cause has been shown. Hence, the present application is allowed and the delay caused in preferring the appeal is hereby condoned. Rule is made absolute accordingly.