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PRAKASHCHANDRA MARU (lawyer)     04 November 2024

Delay condonation application rejected

hello all learned 

i had filled negotiable case along with the delay application delay was only for 2 days which one rejected by the trial court 

now i would like to challenge the said order before upper court now i am confuse like that 

1 can i file criminal revision application   against order of rejection of delay condonation petition  ?

2 if yes , where to file before high court or before concerned district and sessions court  ?

3 in this criminal revision application whether government is necessary party ?

please suggest  



Learning

 3 Replies

Real Soul.... (LEGAL)     04 November 2024

Prefer a criminal revision before High Court ,you should file revision against dismissal of application under section 138 N I Act along with Condonation of delay application. 
The revisional jurisdiction of High Court is far wider than the District courts and High Courts have over all and territorial Jurisdiction over the matters. 

1 Like

Advocate Bhartesh goyal (advocate)     04 November 2024

File revision petition before High Court, Mention that you had shown sufficient cause for condoning delay.

Government is necessary  party in revision petion and without misleading Govt revision petition is not maintainable. 

P. Venu (Advocate)     04 November 2024

What is the ground on which condonation was sought?


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