Case Note & Summary
The petitioner, Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd., a registered co-operative society, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent for dishonour of cheque No.0009444 dated 19.04.2017 for Rs. 1,15,748/-. The case was registered as Summary Criminal Case No. 1832/2017, and process was issued against the accused on 06.12.2017. However, the accused remained absent despite service, and the complaint was dismissed in default under Section 256 of the Code of Criminal Procedure, 1973, on 03.02.2021, resulting in acquittal. On 28.02.2022, the petitioner challenged the acquittal by filing an appeal under the proviso to Section 372 CrPC along with Misc. Criminal Application No.10/2022 for condonation of delay of 362 days. The learned Additional Sessions Judge, Pusad, dismissed the condonation application on 25.07.2024, holding that the delay was long, inordinate, and not properly explained. Aggrieved, the petitioner filed the present criminal writ petition under Article 227 of the Constitution of India. The High Court observed that the proviso to Section 372 CrPC does not prescribe any period of limitation for filing an appeal by a victim against an order of acquittal. Consequently, an application for condonation of delay is not required. The court set aside the impugned order and directed the Sessions Court to hear the appeal on merits without insisting on the condonation of delay application. The petition was allowed.
Headnote
A) Criminal Procedure - Appeal by Victim - Limitation - Proviso to Section 372 CrPC - No Limitation Period - The court held that the proviso to Section 372 CrPC does not prescribe any period of limitation for filing an appeal by a victim against an order of acquittal. Therefore, an application for condonation of delay is not required. The delay of 362 days in filing the appeal was condoned, and the matter was remitted to the Sessions Court for hearing on merits. (Paras 6-8) B) Negotiable Instruments Act - Dishonour of Cheque - Acquittal - Appeal by Complainant - Section 138 NI Act - The complainant, a registered co-operative society, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed in default under Section 256 CrPC, resulting in acquittal. The court allowed the appeal against the order dismissing the condonation of delay application, holding that the victim's right to appeal under proviso to Section 372 CrPC is not subject to limitation. (Paras 3-8)
Issue of Consideration
Whether an application for condonation of delay is necessary for an appeal filed under the proviso to Section 372 of the Code of Criminal Procedure, 1973, and whether the delay of 362 days in filing such appeal should be condoned.
Final Decision
The petition is allowed. The impugned order dated 25.07.2024 passed by the learned Additional Sessions Judge, Pusad, in Misc. Application No.10/2022 is set aside. The matter is remitted to the learned Additional Sessions Judge, Pusad, to hear the appeal on merits without insisting on the application for condonation of delay.
Law Points
- No limitation period for appeal under proviso to Section 372 CrPC
- Condonation of delay application not required for victim's appeal
- Delay of 362 days condoned in cheque dishonour case
