Bhupinder Chandel vs. Mehar Chand Cr.MP(M) No.2378 of 2024 04.12.2025 Present: Mr. H.S. Rangra, Advocate, for the applicant. Mr. Arun Kumar, Advocate, vice Mr. Vijay Kumar, Advocate, for the respondent. Applicant-Bhupinder Chandel has filed the accompanying appeal against the judgment dated 03.10.2023, passed by the Court of learned Additional Sessions Judge-I, Mandi, District Mandi H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.20 of 2022, titled as ‘Mehar Chand versus Bhupinder Chandel’. 2. Vide judgment dated 03.10.2023, the learned Appellate Court has allowed the appeal, preferred by non- applicant-Mehar Chand. Non-applicant-Mehar Chand has preferred the said appeal against judgment of conviction dated 25.04.2022 and order of sentence dated 28.04.2022, passed by the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in Criminal Case Registration No.1127 of 2013, titled as ‘Bhupinder Chandel versus Mehar Chand’. 3. Vide judgment of conviction dated 25.04.2022 and order of sentence dated 28.04.2022, passed by the learned trial Court, the learned trial Court has convicted non-applicant-Mehar Chand for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.70,000/-. 4. The learned Appellate Court has allowed the appeal preferred by the non-applicant and acquitted him from the offence punishable under Section 138 of the N.I. Act. 5. 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. 6. As per the report of the Registry, there is delay of about 323 days, in filing the accompanying appeal. 7. The delay has been sought to be condoned, mainly, on the ground that after receiving the summons from the learned Appellate Court, he has engaged the counsel and it has been advised by the learned counsel that the applicant is not required to appear, on each and every date of hearing, as such, he remained under this impression, however, on 01.08.2024, the applicant has received a notice from the Court of learned Chief Judicial Magistrate, Mandi, which has been annexed with the application. After receiving the said notice, the applicant has allegedly contacted his counsel, who has apprised him about the acceptance of the appeal by the learned Appellate Court and adviced to file the appeal against the judgment of acquittal before this Court. 8. As such, according to the applicant, the delay has been occurred in filing the accompanying appeal. Application is duly supported by the affidavit of the applicant. Along with the appeal the photocopy of the notice issued by the Court of learned trial Court in Criminal Miscellaneous Application No.1476 of 2024 has also been annexed with the application. 9. On the basis of the above facts, Mr. H.S. Rangra, learned counsel appearing for the applicant, has prayed that the delay in filing the appeal may kindly be condoned. 10. When put to notice, the factual position, as mentioned, in the application has been disputed by taking the preliminary objections that the application is not maintainable, the applicant has suppressed the material facts and the applicant has not approached the Court with clean hands. 11. On the basis of the stand, so taken, a prayer has been made to dismiss the application. 12. Heard. 13. In this case, learned Appellate Court has acquitted the non-applicant from the offence punishable under Section 138 of the NI Act, by setting aside the judgment of conviction and order of sentence, passed by the learned trial Court. The reply is totally silent about the object, which the applicant is going to achieve in filing the appeal, after the prescribed period of limitation, had he not been prevented,to do so for the reasons as stated in the application. 14. Moreover, considering the low legal literacy in the Indian Masses, the advice of the counsel for them is being taken, as gospel truth and the explanation, which has been put forward, qua the fact, that, after receiving the notice from the learned trial Court, the applicant has allegedly contacted his lawyer, cannot be doubted in the absence of any evidence contrary to the said fact. 15. Moreover, the meritorious matters should not be thrown away at the threshold, on the basis of technicalities and the same should be decided on merits. 16. In the reply, neither the negligence nor inaction has been attributed to the applicant, in approaching this Court, by way of filing the accompanying appeal, against acquittal. 17. Considering the aforesaid facts, delay in filing the present appeal is ordered to be condoned. 18. The application is, thus, disposed of. Cr.MPMST No.11242 of 2024 19. By way of the present application, the applicant, who is complainant, in this case, has sought the indulgence of this Court to grant leave to appeal. 20. In view of the decision of the Hon’ble Apex Court in Criminal Appeal Nos.1868-1870 of 2025, titled as Celestium Financial versus A. Gnanasekaran & Others, there is no legal requirement, for the applicant, to seek special leave to appeal. As such, the application is disposed of accordingly. 21. Cr. Appeal No.____ of 2025 22. Be registered. 23. Admit. 24. Respondent, through his counsel, is directed to furnish the personal bond in the sum of Rs.50,000/- with one surety in the like amount, within four weeks, to the satisfaction of learned trial Court, by giving solemn undertaking that he will surrender before this Court or before the learned trial Court, in case of ultimate acceptance of the present appeal and shall not leave the country, without permission of the Court. (Virender Singh) Judge December 04, 2025 (subhash)