Case Note & Summary
The case involves a criminal miscellaneous application filed by the original accused (Mr. R.K. Chawla and M/s. Goa Food & Pharma (P) Ltd.) challenging the judgment and order of the Sessions Judge, North Goa at Panaji, in Criminal Revision Application No. 35 of 2000. The Sessions Judge had set aside the trial court's order condoning the delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881, and remanded the matter for fresh consideration. The respondent No. 1, M/s. Goa Antibiotics & Pharmaceuticals Ltd., a Government of Goa undertaking, had filed the complaint alleging that the accused placed orders for pharmaceutical goods, which were supplied, and in payment, the accused issued a cheque along with a covering letter dated 19th September 1998. The cheque was dishonoured, leading to the complaint. The complaint was filed with a delay of 13 days, and the trial court condoned the delay, finding sufficient cause. The Sessions Judge, in revision, set aside that order and remanded the matter. The High Court, per V.M. Kanade, J., held that the Sessions Judge erred in interfering with the trial court's discretion, as the delay was only 13 days and the trial court had given cogent reasons. The High Court allowed the application, set aside the Sessions Judge's order, and restored the trial court's order condoning the delay, directing the trial court to proceed with the complaint on merits.
Headnote
A) Criminal Procedure - Condonation of Delay - Section 5 of Limitation Act, 1963 - Section 142 of Negotiable Instruments Act, 1881 - The court considered whether delay in filing a complaint under Section 138 of the NI Act can be condoned - Held that the trial court had correctly exercised discretion in condoning the delay of 13 days as sufficient cause was shown, and the Sessions Judge erred in interfering with that order without proper reasoning (Paras 2-6). B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Complaint - Limitation - The complainant alleged that the accused issued a cheque for payment of goods supplied, which was dishonoured - The complaint was filed with a delay of 13 days, and the trial court condoned the delay - The High Court restored the trial court's order and directed the trial court to proceed with the complaint on merits (Paras 2-6).
Issue of Consideration
Whether the Sessions Judge was justified in setting aside the order of the trial court condoning the delay in filing the complaint under Section 138 of the Negotiable Instruments Act, 1881, and remanding the matter for fresh consideration.
Final Decision
The High Court allowed the criminal miscellaneous application, set aside the order of the Sessions Judge dated 6th July 2005 in Criminal Revision Application No. 35 of 2000, and restored the order of the trial court condoning the delay. The trial court was directed to proceed with the complaint on merits in accordance with law.
Law Points
- Condonation of delay
- Section 5 of Limitation Act
- Section 142 of Negotiable Instruments Act
- 1881
- Sufficient cause
- Liberal approach in condonation
- Delay of 13 days
- Criminal complaint
- Remand for fresh disposal
