Criminal Appeal No.159-MA of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.159-MA of 2008 Date of decision : 20.8.2008 The Navodaya Urban Coop. Credit & Thrift Society ltd. .....Appellant Versus Deep Sharma ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Deepak Gupta,Advocate for the appellant. S. D. ANAND, J. The impugned complaint filed by the appellant/applicant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the Act”) was dismissed in default by the learned Judicial Magistrate Ist Class, Ambala Cantt., vide order dated 23.5.2007. A Revision Petition, filed by the petitioner against that order on 26.7.2007, was declined by the learned Addl. Sessions Judge (Fast Track Court), Ambala for want of maintainability. The finding by the revisional Court that as the dismissal of complaint in default of the complainant amounted to acquittal, an appeal against that order would be maintainable only before the High Court. The present petition was filed after a delay of 184 days. Learned counsel states that delay in filing of petition may be condoned as the appellant/applicant had been availing legal Criminal Appeal No.159-MA of 2008 -2- **** remedy in the Court of learned Addl. Sessions Judge, Ambala, under a mistaken legal advice that a revision was competent before the Court of Sessions. Learned counsel does not, however, endeavour to give any explanation in the matter of condonation of delay till 14.12.2007 the date on which present petition was filed after the revision petition came to be dismissed by the learned Addl. Sessions Judge, Ambala, as not maintainable, vide order dated 1.8.2007. No affidavit of the learned counsel who tendered the `incorrect' advice has been placed on record. In the light thereof, there are no adequate grounds to allow the condonation of delay. The petition is dismissed as time barred. August 20, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No