JUDGMENT 1. This appeal is filed by the complainant in C.C.No.3827/2013 on the file of XXV Additional Chief Metropolitan Magistrate at Bengaluru, wherein the learned Magistrate by judgment and order dated 10.11.2017 acquitted the accused of the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (herein after referred to as N.I. Act for short). 2. There is a delay of 450 days in preferring the appeal. 3. The learned counsel for the appellant has filed I.A.No.1/2019 seeking to condone the delay along with the affidavit of the appellant/complainant. 4. The learned counsel for the respondent has filed statement of objections to I.A.No.1/2019. 5. I have perused the affidavit filed by the appellant seeking condonation of delay in preferring the appeal. Para Nos.2 to 5 of the said affidavit pertains to the merits of the case. Para 6 of the affidavit is extracted herein under: '6. I state that this case is instituted upon the complaint filed by me and the accused/respondents were acquitted in this case. Hence, I filed accompanying application seeking condonation of the delay of 426 days in filing this appeal from the order of acquittal passed by the XXV ACMM, by an order dated 10.11.2017 in C.C.No.3827/2013. I had no knowledge of limitation to prefer an appeal. I state that their was communication gap with previous counsel with regard to the further course of action and also at the material point of time, I was suffering from a repeated episode of viral fever. Later in the month of August 2018, I applied to obtain Certified Copies of the Case and the same was received by me on 16.08.2018. Upon discussing about the case with my present counsel, it was brought to my notice that the certified copies didnt consist of the documents marked by the DW-1. Hence, I again applied for obtaining the certified copies of the missing documents 27/03/2019 and received the same on 01/04/2019. Hence, I could not engage and instruct any counsel within time. Reasons for delay in preferring this appeal is bona fide one and not intentional one. Apart from the same my counsel has also asked me to bring addition documents of which, I could not produce before the Trial court as it was not asked by anyone to me. Hence, I could not engage and instruct any counsel within time. Reasons for delay in preferring this appeal is bona fide one and not intentional one. Apart from the same my counsel has also asked me to bring addition documents of which, I could not produce before the Trial court as it was not asked by anyone to me. I am diligent in pursuing the matter and to collect the documents and in view of my ill health it took time, which resulted in delay in preferring the appeal' 6. It is submitted by the learned counsel for the appellant that there was a communication gap between the complainant and his counsel who represented him before the trial Court. She submits that the complainant was also suffering from viral infection and in this regard she could produce the necessary medical certificate. She submits that the delay is not intentional but it is on account of the reasons assigned in the affidavit. Hence, she seeks to condone the delay and to grant leave to prefer the appeal. 7. The learned counsel for the respondents on the other hand submits that the reasons assigned in the affidavit explaining the delay is insufficient and the same is false and frivolous. He submits that the appellant has not produced any medical certificate to substantiate that he was suffering from any illness. Even otherwise an inordinate delay of 450 days cannot be condoned and now he cannot be permitted to produce the medical certificate in respect of any illness which according to the complainant, he was suffering during the year 2018. He further submits that the trial Court having considered the entire oral and documentary evidence has rightly acquitted the accused. Accordingly, he seeks to dismiss the appeal. 8. It is stated by the appellant in the affidavit that there was communication gap with the previous counsel with regard to taking further course of action and also at the material point of time, he was suffering from repeated episode of viral fever. The said statement made in the affidavit cannot be accepted for the simple reason that not even a single document is submitted to show that appellant was suffering from viral fever and for that reason he could not file the appeal in time. The impugned judgment is dated 10.11.2017. This appeal is filed on 10.04.2019. The said statement made in the affidavit cannot be accepted for the simple reason that not even a single document is submitted to show that appellant was suffering from viral fever and for that reason he could not file the appeal in time. The impugned judgment is dated 10.11.2017. This appeal is filed on 10.04.2019. Inordinate delay of 450 days in preferring the appeal has not been satisfactorily explained. It is also to be noted that in the affidavit it is stated that certified copy of the case was received on 16.08.2018 and upon discussing about the case with the present counsel since the certified copies didnt consist of the documents marked by DW.1, again the said documents were applied and thereafter the appeal was filed. 9. The learned counsel does not dispute that for filing the appeal only the certified copy of the judgment is required and other documents are not at all required. When such is the case, having received the certified copy of the case on 16.08.2018 nothing prevented the appellant to approach this Court immediately thereafter. 10. It is pertinent to mention that sufficient time was given to the appellant and inspite of the same no medical certificate or any such documents were produced to show that the appellant was infact suffering from viral fever which prevented him from filing this appeal in time. 11. The appellant has failed to satisfactorily explain the delay in preferring the appeal as such I do not see any ground to condone the delay of 450 days in preferring the appeal. Accordingly, I.A.No.1/2019 is dismissed. Consequently, the appeal is also dismissed. Pending I.As are dismissed accordingly.