Madhya Pradesh High Court
Firm Deepak Fire Works Ganjbasoda vs Yograj In Fracture Pvt.Ltd.(Y.I.P.L.) on 12 July, 2017
MCRC-2001-2012 ( FIRM DEEPAK FIRE WORKS GANJBASODA Vs YOGRAJ IN FRACTURE PVT.LTD.(Y.I.P.L.)) 12-07-2017
Shri Sameer Kumar Shrivastava, counsel for the applicant. This case is listed in default of filing an application under Section 5 of Indian Limitation Act, as the application under Section 378(3) of CrPC seeking leave to file appeal is barred by limitation. This application under Section 378 of CrPC was filed on 05/03/2012. According to the Office report, there is a delay of 13 days in filing this application. Initially, this application was dismissed in default on 01/09/2014 for want of prosecution because of non-appearance of the applicant and subsequently, it was restored by order dated 29/10/2015.
Even after expiry of more than five years, application for condonation of delay has not been filed by the applicant. The present case is pending since 2012 and more than five years have lapsed. Thus, it is clear that the applicant has no reason much less sufficient reason for not filing the application under Section 378 of CrPC within the period of limitation. Accordingly, this application filed under Section 378(3) of CrPC seeking leave to appeal is dismissed, as barred by time.
(G.S. AHLUWALIA) JUDGE MKB