The single judge allowed the application for condonation of delay under Section 138 NI Act. The court accepted medical certificates and death certificate as sufficient cause for the applicant's failure to file the leave to appeal within the limitation period.
Application for leave to appeal allowed; delay in filing condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21-APPLN-195-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.195 OF 2015
POPAT MARUTI GHANVAT )...APPLICANT
V/s.
SHIVLAL DHONDIBA DHANUKADE & ORS. )...RESPONDENTS
Mr.Sumit Kate i/b. Mr.Uday Warunjikar, Advocate for the Applicant.
Mr.Satyavrat Joshi, Advocate for Respondent Nos.1 and 2.
Mrs.M.R.Tidke, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 15th OCTOBER 2018
P.C. :
1 This is an application for condonation of delay in
preferring the application for leave to appeal in order to challenge
the judgment and order of acquittal of the respondent nos.1 and 2
of the offence punishable under Section 138 of the Negotiable Instruments Act.
avk 1/3
21-APPLN-195-2015.doc
2 Heard the learned counsel appearing for the
applicant/original complainant. He argued that mother of the applicant expired on 7th October 2014 i.e. after passing of the impugned order. Prior to that, the mother of the applicant was hospitalized. Thereafter, the applicant suffered from ailment. This has caused delay in preferring the application for leave to appeal.
3 The learned counsel appearing for respondent nos.1 and 2 vehemently opposed the instant application by submitting that the delay is inordinate and is not at all explained to constitute sufficient cause in not preferring the application within limitation. He, therefore, submits that theoretically right accrued in favour of the respondents/accused to consider the judgment of acquittal as final. The application, therefore, needs to be rejected.
also perused the application as well as the documents annexed thereto. Averment made in the application which is on
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21-APPLN-195-2015.doc
affirmation is duly corroborated by the Death Certificate as well as Medical certificate and papers of medical treatment. Hence, I am of the considered opinion that sufficient cause is demonstrated by the applicant for delay in filing the application for leave to appeal. Therefore, the order :
ORDER
i) The application is allowed.
ii) Delay in filing the application for leave to appeal is condoned.
iii) The application is accordingly disposed off.
(A. M. BADAR, J.)
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1 issue framed by the court
Whether the application for condonation of delay in filing leave to appeal is maintainable.
1 provisions across 1 enactments
Popat Maruti Ghanvat
Shivlal Dhondiba Dhanukade & Ors.
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
