Vineet Sharma Vs Raj Kumar Cr. MP(M) No. 1220 of 2025 30.07.2025 Present: Mr. Digvijay Singh, Advocate for the applicant. Mr. Jagat Pal, Advocate, for the respondent. Applicant Vineet Sharma has filed the accompanying Criminal Appeal against the order dated 05.10.2021, passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 1 Mandi, District Mandi, H.P. (hereinafter referred to as “the learned trial Court”). 2. By way of order dated 05.10.2021, the learned trial Court has dismissed Complaint No. 1307/2015, titled as “Vineet Sharma Vs Raj Kumar” for want of prosecution. 3. Since, the appeal has been preferred after the prescribed period of limitation, as such, the present application has been moved for condonation of delay, which, as per the report of the Registry is of two years, 10 months and 28 days. 4. According to the applicant, in the year 2015,the complaint under Section 138 of Negotiable Instruments Act was filed against the respondent. The proceedings in the said complaint were matured in the year 2021. The learned Counsel for the applicant, assured him that he will appear for the complainant before the trial Court. Thereafter, the Counsel of the applicant informed him that he had received the notice from the trial Court and the date has been fixed for hearing on 05.10.2021. The applicant has requested his Counsel to move the application for exemption from appearance on that day. The applicant further pleaded that he remained under this impression that the matter will take sufficient time for its conclusion. Thereafter, he had made efforts to contact his Counsel telephonically, but his call was not attended. Thereafter, the applicant contacted his Counsel in the month of November, 2024 and inquired about this case. Subsequently, he came to know about the fact that his complaint was dismissed for non appearance on 05.10.2021. 5. On the basis of the above facts, it is the further case of the applicant that thereafter he had applied for the relevant record, which was obtained on 17.01.2025 and thereafter, he had contacted his lawyer at Shimla. However, the present appeal could have only been filed on 27.04.2025, on account of the winter vacation till 20.02.2025. 6. As such, a prayer has been made for condonation of delay. Application is duly supported by an affidavit. 7. Notice of the application was issued to the respondent. Consequently, Mr. Jagat Pal, Advocate filed memo of appearance and the matter has been adjourned for today, enabling the respondent to file Power of Attorney, as well, reply to the application. 8. Today, neither the respondent, nor his Counsel put appearance in the Court. 9. In such situation, this Court is of the view that the respondent has nothing to say against the averments, as made in the application, upon which condonation of delay has been sought to be condoned. 10. Moreover, the complainant, as per his explanation, given in the application has satisfied the judicious conscience of this Court with regard to the explanation regarding the delay in moving the present appeal. Consequently, the application under consideration is allowed. The delay in filing the appeal is ordered to be condoned. Application stands disposed of. Cr. Appeal No._____ of 2025 11. Vide order of the even date, passed in CrMP(M) No.1220 of 2025, the delay in filing the Criminal Appeal has been ordered to be condoned. Be registered. 12. Let notice of the appeal be issued to the respondent for 17.09.2025. Steps be taken within a period of seven days. July 30, 2025 ( Virender Singh ) (Pramod) Judge