Case Note & Summary
The applicant, Babaji Tukaram Gawas, was convicted in Criminal Case No. 127/OA/138/2009/C for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to simple imprisonment for four months and to pay compensation of Rs. 1,30,000/-. He filed an appeal before the Sessions Judge, but there was a delay of about one year in filing it. He filed Criminal Miscellaneous Application No. 33/2011 for condonation of delay, which was dismissed by the learned Additional Sessions Judge, Mapusa, by order dated 18/8/2011, on the ground that the reasons stated were only excuses and no sufficient ground was made out. The applicant then filed the present Criminal Revision Application before the High Court. The applicant's counsel argued that the delay was due to the applicant's sickness from a fall from a tree, supported by a medical certificate, and relied on the judgment in Shiv Madhukar Giri v. State of Maharashtra. The respondent no. 1 opposed, submitting that no sufficient cause was shown. The High Court, after hearing both sides, found that the medical certificate supported the applicant's claim and the delay was not intentional. The court held that a liberal approach should be adopted in condonation of delay matters and that the applicant had made out sufficient cause. The impugned order was quashed and set aside, the delay was condoned, and the appeal was directed to be restored to its original number and decided on merits within six months.
Headnote
A) Criminal Procedure - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The applicant, convicted under Section 138 of the Negotiable Instruments Act, 1881, sought condonation of delay of about one year in filing appeal, citing sickness due to fall from tree. The High Court held that the medical certificate supported the claim and the delay was not intentional, thus sufficient cause was made out. The impugned order dismissing the application was set aside and delay condoned. (Paras 1-8)
Issue of Consideration
Whether the delay of about one year in filing the appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, should be condoned on the ground of sickness of the applicant?
Final Decision
The impugned order dated 18/8/2011 is quashed and set aside. The delay of about one year in filing the appeal is condoned. The appeal is restored to its original number and the learned Additional Sessions Judge is directed to decide the appeal on merits within six months from the date of receipt of the order.
Law Points
- Condonation of delay
- sufficient cause
- liberal approach
- Section 5 of Limitation Act
- 1963
- Section 138 of Negotiable Instruments Act
- 1881
Case Details
2013 LawText (BOM) (11) 53
CRIMINAL REVISION APPLICATION NO. 60 OF 2011
Mr. A. D'Silva (for applicant), Mr. A. D. Bhobe (for respondent no. 1), Mrs. M. Pinto (Additional Public Prosecutor for respondent no. 2)
Shri Babaji Tukaram Gawas
1. Shri Ashok Somnath Panigrahi, 2. The State of Goa
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal revision application challenging dismissal of application for condonation of delay in filing appeal against conviction under Section 138 of Negotiable Instruments Act, 1881.
Remedy Sought
Quashing and setting aside of order dated 18/8/2011 dismissing the application for condonation of delay, and restoration of the appeal.
Filing Reason
The applicant's appeal against conviction was delayed by about one year due to his sickness from a fall from a tree.
Previous Decisions
The learned Additional Sessions Judge, Mapusa, by order dated 18/8/2011, dismissed the application for condonation of delay in Criminal Miscellaneous Application No. 33/2011.
Issues
Whether the delay of about one year in filing the appeal should be condoned on the ground of sickness?
Submissions/Arguments
Applicant's counsel: The delay was due to sickness from a fall from a tree, supported by a medical certificate; the delay was not intentional and beyond his control. Relied on Shiv Madhukar Giri v. State of Maharashtra.
Respondent no. 1's counsel: No sufficient cause for the long delay of one year was shown; the medical certificate was not properly considered.
Ratio Decidendi
In matters of condonation of delay, a liberal approach should be adopted and the court should not be strict in requiring proof of sufficient cause. Sickness supported by a medical certificate can constitute sufficient cause for delay, especially when the delay is not intentional.
Judgment Excerpts
Heard the learned Counsel appearing on behalf of the respective parties, only on the challenge to the impugned order dated 18/8/2011.
The learned Counsel appearing on behalf of the applicant submits that the delay was on account of sickness of the applicant due to fall from tree resulting into injuries all over the body and that in support of the said sickness, a medical certificate was produced before the learned Additional Sessions Judge.
Procedural History
The applicant was convicted under Section 138 of the Negotiable Instruments Act, 1881 in Criminal Case No. 127/OA/138/2009/C. He filed an appeal before the Sessions Judge with a delay of about one year, along with Criminal Miscellaneous Application No. 33/2011 for condonation of delay. The learned Additional Sessions Judge, Mapusa, dismissed the application on 18/8/2011. The applicant then filed the present Criminal Revision Application No. 60 of 2011 before the High Court of Bombay at Goa.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
- Limitation Act, 1963: 5
