Tarachand Rathore vs Ishwar Traders Pro Ishwar Prasad ...
2022 Latest Caselaw 6835 Chatt

                                     1

                                                                             AFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                           CRR No. 206 of 2021

   • Tarachand Rathore S/o Chhedilal Rathore Aged About 40 Years R/o
     Naugawa, Post Ponch, Tahsil And Police Station Baloda, District
     Janjgir Champa Chhattisgarh (Accused),

                                                                   ---- Petitioner

                                  Versus

   • Ishwar Traders Pro Ishwar Prasad Sahu S/o Sukhru Sahu Aged About
     50 Years R/o Village Sarkho, Police Station And Tahsil Janjgir, District
     Janjgir Champa Chhattisgarh (Complainant),

                                                                 ---- Respondent

For Petitioner    : Shri HS Patel, Advocate.
For Respondent    : Shri Sumit Shrivastava, Advocate.


                   Hon'ble Shri Deepak Kumar Tiwari, J

                              Order On Board


16/11/2022 :

1. This petition has been filed against the order dated 30.1.2021, (filing

No.159/2021) passed by the Sessions Judge, Janjgir Champa, arising

out of judgment dated 31.12.2018 passed in complaint Case

No.87/2017 by the Judicial Magistrate, 1st Class, Janjgir convicting

and sentencing the petitioner as under:-

               CONVICTION                           SENTENCE

         Under Section 138 of the     Till rising of the Court
        Negotiable Instrument Act,

       Under Section 357 (3) CrPC     Payment of compensation of Rs.6
                                      lakhs, failing which SI for 6 months

2. Shri HS Patel, learned counsel for the petitioner would submit that the

learned appellate Court has committed serious error of law in

dismissing his appeal against the conviction only on the ground of

limitation, though the petitioner has been awarded sentence till rising

of the Court, but further directed to pay compensation of Rs.6 lakhs

under Section 357 (3) of the CrPC and in default of payment of

compensation, 6 months SI was awarded. The petitioner has also not

paid the compensation amount, therefore, he was sent to jail and after

obtaining legal aid, he had filed a jail appeal on 8.1.2020 in which

application for condonation of delay has been filed. However, the

appellate Court has adopted a hyper technical approach and

dismissed the appeal, which is otherwise had a very good case on

merit. It is settled principles of law that the appeal should be decided

on its own merits and normally condonation of delay has to be

construed liberally. Thus, learned counsel prays to allow the Revision

and set aside the impugned order.

3. Per contra, learned counsel for the respondent/complainant would

support the impugned order. Alternatively, he would submit that the

petitioner has not deposited any amount. He would further submit that

under the statute certain amount has to be deposited for consideration

of appeal. Considering all these aspects, the revision deserves to be

dismissed.

4. Having considered the submissions, further considering the fact that

the petitioner was sent to jail for non-payment of compensation

amount and after obtaining legal aid, filed jail appeal and that the

expression sufficient cause in Section 5 of the Limitation Act must

receive a liberal construction so as to advance substantial justice and

generally delays in preferring appeals are required to be condoned in

the interest of justice where no gross negligence or deliberate inaction

or lack of bonafides is imputable to the party seeking condonation of

delay, this Court is of the view that the approach of the appellate Court

appears to be not proper. Accordingly, delay in filing the appeal is

condoned. The matter is remitted back to the concerned Court for

deciding the appeal on its own merit, in accordance with law.

5. For the foregoing, the instant Revision is allowed.

Sd/-

(Deepak Kumar Tiwari) Judge Barve