Atul Saxena vs Ramesh Motwani
2024 Latest Caselaw 6562 MP

Madhya Pradesh High Court

Atul Saxena vs Ramesh Motwani on 4 March, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 4 th OF MARCH, 2024
                                            CRIMINAL REVISION No. 498 of 2024

                           BETWEEN:-
                           ATUL SAXENA S/O J.B. SAXENA, AGED ABOUT 40 YEARS,
                           OCCUPATION: BUSINESS H NO 12 GAUTAM NAGAR
                           NEAR AKRATI GARDEN NEHRU NAGAR DISTRICT
                           BHOPAL (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI M. SHAFIQULLA - ADVOCATE)

                           AND
                           RAMESH MOTWANI S/O GOVINDRAM MOTWANI,
                           AGED ABOUT 42 YEARS, OCCUPATION: NOT MENTION
                           74 ARADHNA NAGAR BARKHEDA PATHANI (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (NONE)

                                 This revision coming on for admission this day, the court passed the
                           following:
                                                              ORDER

Heard on I.A. No.2926/2024, an application under section 5 of the Limitation Act. This criminal revision has been filed after a delay of 2480 days assailing the judgment dated 13.11.2017 passed in Cr.A.No.96000157/2017 (Atul Saxena Vs. Ramesh Motwani) whereby the learned appellate court affirmed the judgment of conviction and order of sentence dated 12.06.2017 passed by learned JMFC in Cr.C.No.2103/2014 whereby, applicant was convicted for commission of offence under section 138 of Negotiable Instrument Act and was directed to undergo R.I for one year with a further

direction to pay compensation of Rs.17,00,000/- and Rs.10,000/- as cost to the respondent.

2. No sufficient and plausible reason has been assigned to condone the inordinate delay of 2480 days i.e more than six years in filing of revision.

3. As no sufficient reason has been assigned for condonation of delay of 2480 days which is almost more than of six years, this court finds no justification to condone the delay. Accordingly, I.A. No.2926/2024 application for condonation of delay is dismissed.

Consequently, this criminal revision being hopelessly time barred is also dismissed.

Trial Court record along with copy of the order be sent down to the Court concerned through Sessions Judge, Bhopal.

(DINESH KUMAR PALIWAL) JUDGE MKL