Sandeep Kumar Vs. Namneshwar Kumar Cr.MP(M) No.2522 of 2024 27.03.2025 Present: Mr. Surinder Saklani, Advocate for the applicant. Mr. Nipun Thakur, Advocate for the respondent. Today, the case has been listed for filing reply to the application, subject to last opportunity. However, reply not filed. 2. Applicant has preferred the accompanying Criminal Appeal against the judgment of acquittal dated 28.02.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Sarkaghat, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’). 3. Vide judgment of acquittal dated 28.02.2024, the learned trial Court has dismissed the complaint, filed by applicant-Sandeep Kumar, under Section 138 of NI Act, against Namneshwar Kumar. 4. Since, the accompanying appeal has been preferred after the prescribed period of limitation, as such, the present application for condonation of delay has been filed. 5. As per report of Registry, there is delay of 230 days, in filing the accompanying appeal. 6. The delay has been sought to be condoned mainly on the ground that after passing of the judgment of acquittal, the intimation regarding the fate of the case has not been given to the applicant by his counsel and on enquiry, he came to know about this fact. As such, he has preferred the accompanying Criminal Appeal. 7. On the basis of above facts, a prayer has been made to allow the application by condoning the delay. Application is duly spported by the affidavit of applicant. 8. Despite giving opportunities to file reply to the non-applicant/respondent, the factual position, as mentioned in the application, has neither been controverted by filing reply, nor any document has been placed on record to demonstrate that the applicant was having the knowledge of the dismissal of the complaint, as alleged. 9. Even otherwise, the matter should be decided on merits and not on technicalities. 10. Considering all these facts, the application is allowed and the delay of 230 days in filing the accompanying Criminal Appeal is ordered to be condoned. Application is, thus, disposed of. CrMP(M)ST No.10846 of 2024 After hearing learned counsel for the parties, requisite leave to appeal is accorded. Application is disposed of accordingly. Cr. A No.______ of 2025 Vide order of the even date, passed in CrMP(M) No.2522 of 2024, the delay in filing the Criminal Appeal has been ordered to be condoned and vide order, passed in CrMP(M)ST No.10846 of 2024, leave to appeal has been accorded. Appeal be registered. Admit. Record of the learned trial Court be requisitioned. March 27, 2025 ( Virender Singh ) (Gaurav Thakur) Judge