R.P.Nagrath, J. - (1.) CRM No. 50202 of 2012
(2.) THE applicant -appellant filed a complaint against the respondent -accused for offence under Section 138 of Negotiable Instruments Act. The learned Magistrate had issued the process against the respondent -accused for 10.01.2011, when the complaint case was dismissed in default for non -appearance of the appellant -complainant. Instant appeal has been filed after the delay of 529 days which occurred mainly because the appellant firstly preferred an application for recalling of order which was in fact not maintainable before the Magistrate. Thereafter the appeal before the Sessions Court was filed, which was rather maintainable only before this Court.
(3.) THE prayer for the condonation of delay has been opposed.;