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Judgment
N.S.Sanjay Gowda, J
The appellant-Trustee had lodged a complaint under Section 200 of CrPC. This complaint ended in an order on 29. 04.2022 by which, the Ld. 3rd Chief Metropolitan Magistrate acquitted all the accused.
Being aggrieved by this acquittal, the present appellant, who contents that he is a Trustee has presented this appeal on 03.07.2025 i.e. nearly after a period of three years.
It is his contention surgery and as a result, that he had suffered a bypass was advised complete bed-rest and could not present the appeal in time.
It is noticed, that as stated earlier, the complaint was filed by the Trust through its Managing Trustee and not by the appellant herein. It is also admitted in the appeal-memo that there are seven Trustees who were managing the Trust. In our view therefore, the illness of the appellant even if true would not be sufficient to condone the delay of 1024 days especially when, there were six other Trustees who were in-charge of the Trust.
Learned Counsel, however, submits that two of the Trustees had passed away and therefore, only there were four Trustees remaining. Even then, the fact remains that four Trustees continued to manage the Trust, and none of them chose to challenge the order of acquittal for nearly three years. This clearly indicates that the Trust was not interested in pursuing the matter.
In our view, the appeal at the instance of one of the Trustees on behalf of the Trust cannot be entertained after an inordinate delay of 1024 days. The appeal is therefore, dismissed.