SPLA No. 128 of 2011 with CRLA No.319 of 2011 with CRMA No. 1522 of 2011 Hon'ble Prafulla C. Pant, J. Shri Harshpal Sekhon, Advocate, present for the appellant. This is Delay Condonation Application No. 1522 of 2011, for condonation of delay in fililng the appeal. Learned counsel for the appellant submitted that due to mistake the appellant (complainant) filed the appeal before the Sessions Judge, Udham Singh Nagar, under the bonafide belief that appeal was maintainable before said court. The appeal was actually maintainable before this court under section 378 (3) of Cr.P.C. In the above circumstances, considering the affidavit filed the Delay Condonation Application delay in filing the appeal is condoned. The Delay Condonation Application No. 1522 of 2011 stands allowed. Heard on leave to appeal and perused the impugned judgment and order dated 09.02.2011, passed by Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, in Criminal Complaint No. 05 of 2011, whereby the respondent Prem Kumar is acquitted to frame of charge of offence punishable under section 138 of Negotiable Instruments Act, 1881. Leave is granted. (Leave to appeal Application No. 128 of 2011 stands disposed of). Admit the appeal. Summon the lower court record. Issue notice to respondent Prem Kumar. List after lower court record is received and notices are served on respondent Prem Kumar. (P.C.Pant, J.) 19-12-2011 NP