K.Abdul Latheef vs Sony Sebastian
2024 Latest Caselaw 15370 Ker

Kerala High Court

K.Abdul Latheef vs Sony Sebastian on 5 June, 2024

Author: K.Babu

Bench: K. Babu

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                          CRL.L.P. NO. 68 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 30.09.2021 IN ST NO.83
OF   2020       OF    JUDICIAL   FIRST   CLASS   MAGISTRATE     COURT-II,
TIRUR
PETITIONER/S:

                K.ABDUL LATHEEF
                AGED 43 YEARS
                S/O.SAIDHALAVI, KALIYAD HOUSE, CHELLUR,
                P.O.PAZHOOR, TIRUR TALUK, MALAPPURAM DISTRICT,,
                PIN - 686664
                BY ADVS.
                P.U.SHAILAJAN
                NIDHEESH T.P


RESPONDENT/S:

     1          SONY SEBASTIAN
                D/O.GEORGE VARGHEES, KOTTAYIL HOUSE, EZHOOR,
                PAZHAYA EZHOOR P.O,.BHARATHIPUZHA, KOLLAM
                DISTRICT,, PIN - 676101
     2          STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                KERALA, PIN - 682031
                BY ADVS.
                R1 BY K.SIJU
                RANJANA KANNATH(K/939/2014)`
                R2 BY SRI G SUDHEER, PUBLIC PROSECUTOR


         THIS    CRIMINAL    LEAVE   PETITION    HAVING    COME   UP   FOR
ADMISSION        ON    05.06.2024,   THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Crl.L.P.No.68/2024

                                   ..2..




                             K.BABU, J
            -------------------------------------------------
                       Crl.L.P. No.68 of 2024
             -------------------------------------------------
              Dated this the 5th day of June, 2024

                             ORDER

This is a petition to condone the delay of 661 days in

filing petition seeking leave to file appeal against the

judgment dated 30.09.2021 passed by the Judicial First

Class Magistrate Court-II, Tirur, in S.T.No.83/2020.

2. The petitioner is the complainant. Respondent

No.1 is the accused. The petitioner filed a complaint

alleging offence punishable under Section 138 of the

Negotiable Instruments Act against respondent No.1.

Respondent No.1 was acquitted for the reason that the

petitioner failed to appear before the Court.

3. The impugned judgment was passed on

30.09.2021. The learned counsel submitted that the

petitioner remained in judicial custody from August,2021

..3..

to 04.12.2021. The impugned judgment acquitting

respondent No.1 was passed while the petitioner was in

jail. The case of the petitioner is that he had entrusted a

lawyer by name P.K. Mohammed Shafi, to file the petition

seeking leave to appeal. The petitioner was on the

bonafide belief that Adv. Mohammed Shafi had filed the

petition seeking leave to appeal. The submission of the

petitioner is that only in January, 2024, he came to know

the fact that the petition seeking leave was not filed by

the lawyer with whom the case was entrusted.

4. The learned counsel for the petitioner submits

that the petitioner filed copy application on 19.01.2024,

stamp papers were produced on 27.01.2024 and the copy

of the judgment was delivered on the same day. The

learned counsel submitted that the period from

15.03.2020 to 28.02.2022 is excluded from the period of

limitation due to Covid-19 pandemic.

5. The learned counsel for respondent No.1 filed a

counter stating that there is no bonafides in the pleading

..4..

that laches on the part of the counsel appointed by him

resulted in causing the inordinate delay.

6. The petitioner relies on Annexrue-A1 Whatsapp

chats between himself and the Counsel in support of his

contention. I have gone through the materials placed

before the Court. The petitioner/appellant has

established sufficient cause for condoning the delay.

Hence the delay of 661 days in fling the petition is

condoned.

Crl.L.P.

Leave granted.

Sd/-

K.BABU JUDGE

kkj

..5..

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE WHATS APP MESSAGES