Ravikumar v. Raja
Case brief
What is this about?
Criminal Revision allowed to set aside dismissal of condonation of 1320-day delay in filing criminal appeal against conviction under s.138 NI Act. High Court relied on Supreme Court precedent to condone delay due to curfew and illness, directing appellate court to decide on merits within two months.
What did the court decide?
Impugned order set aside; appellate court directed to take appeal on file and decide merits within two months.
What the court decided
Crl.R.C.No.22 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V. SIVAGNANAM
CRL.R.C.NO.22 OF 2023
Mr. Ravikumar .. Petitioner
Vs
Mr.Raja ... Respondent
Prayer: Criminal Revision Petition filed under section 397 r/w.401 Cr.P.C. to set aside the order dated 12.12.2022 passed in Cr.M.P.No.5420 of 2022 in unnumbered CA.No. of 2022 on the file of the Principal Sessions Judge, Villupuram and allow the above Criminal Revisin Case.
For Petitioner : Ms.A.S.Neela Narayani
For Respondent : Mr. N. Manoharan
Issues for consideration
2 issues framed by the court
Whether delay in filing criminal appeal can be condoned despite absence of medical evidence or sufficient explanation.
Whether the right to appeal in criminal matters negates conditions of delay and limitation as per Supreme Court precedent.
Parties & counsel
- petitioner
Mr. Ravikumar
- respondent
Mr. Raja
Coram
V. SIVAGNANAM
Case details
As recorded by the court registry
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