VIJAY BISHNOI,J. - (1.) The matter comes up for consideration of application under Section 5 of the Limitation Act for condoning the delay of 34 days in filing this criminal leave to appeal.
(2.) It is contended in the petition that inadvertently the petitioner had preferred a revision petition before the District Judge, Jodhpur Metropolitan against the order dated 25.08.2012 passed by the Additional Chief Judicial Magistrate No.1, Jodhpur Metropolitan in case No.20/2012 whereby while dismissing the complaint of the petitioner under Section 138 of the Negotiable Instrument Act filed against the respondent No.1 it has acquitted respondent No.1 from the said charges. It is also contended that the said appeal was dismissed as not pressed by the District Judge, Jodhpur Metropolitan on 17.12.2012, therefore, the petitioner has filed this leave to appeal against the order of the trial court on 21.12.2012. It is also contended that delay in filing this leave to appeal is bona fide, therefore, the same may be condoned. No reply to the application under Section 5 of the Limitation Act has been filed on behalf of the respondents.
(3.) Having considered the avernments made in the application under Section 5 of the Limitation Act, the delay in filing this leave to appeal is condoned. The application under Section 5 of the Limitation Act is allowed.;