JUDGMENT : FARJAND ALI, J. 1. An application under Section 5 of the Limitation Act has been filed by the appellant for condoning the delay of 888 days occurred in filing the criminal appeal. 2. For the reasons stated in the application the same is allowed. Delay of 888 days in filing the criminal appeal is condoned. 3. By way of filing the instant criminal appeal, challenge is made to the order dated 11.03.2014 passed by the learned Additional Chief Metropolitan Magistrate, CBI cases Jodhpur Metropolitan in Criminal Regular Case No. 1541/2010 whereby the learning Judge after making crucial appreciation of evidence has acquitted the accused-respondent from the charges under Section 138 of the Negotiable Instruments Act. 4. Shorn off unnecessary details, briefly stated the facts of the case are that the dispute is with regard to a cheque No. 190568 given by the respondent on 15.02.2008 to the complaint, who is appellant here. The case was decided by the learned Magistrate on 11.03.2014 whereafter, the leave to appeal came to be submitted before this court on 14.10.2016. A lenient view was taken while condoning the delay in filing the leave to appeal and whereafter the Coordinate Bench of this Court vide order dated 25.02.2019, the leave was granted and the instant appeal has been registered. 5. Since last four years on several occasions, the matter was repeatedly listed before this court and number of opportunities were afforded to the appellant to furnish fresh address of the respondent but no heed has been taken on his behalf. Even on many occasions no-one was present on his behalf to pursue the course. On 06.04.2023, last opportunity was granted to do the needful but till today the needful is not being done. The matter is listed today but no-one is here to represent the appellant even in two motions. It seems that the appellant is not interested in prosecuting the appeal. 6. In view of the above, there appears no reasonable grounds to make interference in the judgment of acquittal passed on 11.03.2014 by the learned Additional Chief Metropolitan Magistrate, CBI cases Jodhpur Metropolitan in Criminal Regular Case No. 1541/2010. This Court cannot be allowed to be overburdened for the sake of indolent and sleepy attitude of the complainant-appellant. Nothing survives to proceed further in the matter and thus, the appeal deserves to be and is hereby dismissed.