Madras High Court
C.A.Subramaniam vs Hari Enterprises on 12 November, 2021
CRL.R.C.No.281 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.11.2021
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.R.C.No.281 of 2020
C.A.Subramaniam,
S/o, Arthanari ... Petitioner
Versus
1. Hari Enterprises,
By its Prop/authorized signatory,
2-180-B, Nadu Veethi Periya Punavasal,
Attur Taluk,
Salem District.
2. Hari Enterprises,
Rep by its Prop/authorized signatory,
V.Manimekalai,
2-180-B, Nadu Veethi Periya Punavasal,
Attur Taluk,
Salem District. ... Respondents
PRAYER: Criminal Revision Petition filed under Section 397 r/w 401
of the Code of Criminal Procedure, to set aside the order dated
26.07.2019 made in C.M.P.No.1 of 2019 in Un-numbered
C.A.Sr.No.1973 of 2019 on the file of the Principal District Judge,
Salem.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
CRL.R.C.No.281 of 2020
For Petitioner : Mr.T.S.Vijaya Raghavan
For Respondents : No appearance
ORDER
This Criminal Revision Petition has been filed seeking to set aside
the order dated 26.07.2019 passed in C.M.P.No.1 of 2019 in Un-
numbered C.A.Sr.No.1973 of 2019 on the file of the Principal District
Court, Salem.
2. Brief facts of the case are as follows:
The petitioner is the complainant in S.T.C.No.1051 of 2016 filed
against the respondent for the offence under section 138 of the
Negotiable Instruments Act. The case after trial, had ended in acquittal.
The petitioner had applied for certified copy of the judgment on
09.11.2018 and it was granted to him on 12.11.2018. Meanwhile, since
the petitioner was suffering from jaundice and due to work pressure, he
was unable to file the appeal in time and there was a delay of 71 days in
filing appeal. The petitioner had filed CMP No.1 of 2019 to condone the
https://www.mhc.tn.gov.in/judis
CRL.R.C.No.281 of 2020
delay of 71 days in filing the appeal. The Appellate Court finding that
the petitioner had not filed any oral or documentary evidence to support
his contention that he was suffering from jaundice, had dismissed the
petition, against which, the present Revision Case has been filed.
3. Learned Counsel for the petitioner would submit that the
petitioner is the Manager of Consolidated Hybrid Seeds Company. He
had filed a complaint against the respondents for the offence under
section 138 of the Negotiable Instruments Act, in respect of dishonored
cheque to the tune of Rs.2,00,000/-. The trial court had acquitted the
respondents/accused on 09.11.2018. The petitioner had applied for copy
application on the same day and it was received by his counsel on
12.11.2018. Meanwhile, the petitioner fell ill and he was affected with
jaundice and he was taking native treatment for the same and thereby, he
was unable to contact his counsel for filing an appeal within time. He
was also having other additional work, thereby also, he was unable to file
the appeal within time.
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CRL.R.C.No.281 of 2020
4. Learned Counsel for the petitioner would further submit that
since the petitioner was taking native treatment, he was unable to file
necessary documents to support his case and moreover, the petitioner has
also filed sworn affidavit before the concerned court in support of his
claim, whereas, the Appellate Court wrongly holding that no oral
evidence has been let in by the petitioner, had dismissed the petition.
The learned counsel for the petitioner would submit that the petitioner
has got fair chances of succeeding the appeal on merits and if the order is
passed by the learned Judge in C.M.P.No.1 of 2019 in Un-numbered
C.A.Sr.No.1973 of 2019 is not set aside and the delay is not condoned,
the petitioner would be put to irreparable loss and hardship and he would
seek to set aside the abovesaid order.
5. Despite service of notice on the respondents and their names
being printed in the cause list, there is no representation for the
respondents.
6. Heard the learned counsel for the petitioner and perused the
materials on record.
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CRL.R.C.No.281 of 2020
7. It is the case of the petitioner that he was affected by jaundice
and he was taking native treatment and thereby he was unable to file
necessary medical certificates. The petitioner has filed a sworn affidavit
before the court in support of the petition to condone the delay. This
Court is of the opinion that the delay of 71 days is not excessive, the trial
court ought to have allowed the application for condonation of delay.
8. In view of the above, the order dated 26.07.2019 passed in
C.M.P.No.1 of 2019 in Un-numbered C.A.Sr.No.1973 of 2019 on the file
of the Principal District Judge, Salem is set aside and the Appellate Court
is directed to condone the delay and take the appeal on file. Accordingly,
Criminal Revision Petition stands allowed.
12.11.2021
Index: Yes/No
Internet: Yes/No
mfa
https://www.mhc.tn.gov.in/judis
CRL.R.C.No.281 of 2020
A.D.JAGADISH CHANDIRA, J.,
mfa
To
1. The Principal District Judge,
Principal District Court,
Salem.
2. The Public Prosecutor,
High Court,
Madras.
CRL.R.C.No.281 of 2020
12.11.2021
https://www.mhc.tn.gov.in/judis
