Thressiamma Chacko vs M.A.Thomas
2022 Latest Caselaw 11690 Mad

                                                                             Crl.A.SR.No.56331 of 2007
                                                                                                     &
                                                                             Crl.M.P. No. 12070 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 01.07.2022

                                                           CORAM

                       THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                              Crl.A.SR. No.56331 of 2007

                                                            &

                                              Crl.M.P. No. 12070 of 2018

                     Thressiamma Chacko                                       ..Appellant
                                                            Vs.
                     M.A.Thomas                                               ..Respondent


                     Prayer in Crl.A. SR.No. 56331 of 2007: Criminal Appeal as against the
                     judgment dated 08.09.2007 passed in Crl. A. No. 86 of 2006 by the learned
                     II Additional Sessions Judge, Pondicherry.
                     Prayer in Crl.M.P. No. 12070 of 2018: Petition under Order IV Rule 9(4)
                     of A.S. Rules to condone the delay of 3831 days in re-presentation of
                     Criminal Appeal SR. No. 56331 of 2007.
                                    For Appellant     ::     Mr.C. Rajan
                                    For Respondent    ::     Mr.R. Krishna Prasad




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.A.SR.No.56331 of 2007
                                                                                                        &
                                                                                Crl.M.P. No. 12070 of 2018

                                                           ORDER

The above criminal miscellaneous petition has been filed to condone

the delay of 3831 days in re-presenting the criminal appeal.

2. Though normally this Court takes a liberal view in condoning

the delay in re-presentation, in this case, considering the fact that there is a

delay of 3831 days and even thereafter, the application has been pending for

a period of four years and considering the fact that the appeal is one against

acquittal and the accused has also got a right to speedy trial, I am of the

view that the delay in this case cannot be condoned.

3. Learned counsel for the petitioner/appellant would submit that

the delay is only in re-presenting and whether the delay has to be condoned

is between the Court and the petitioner and it cannot give rise to any

corresponding right to the respondent. He would further rely upon the

judgment of this Court in C.R.P. No. 323 of 2005 (D. Muralidharan V.

Pavathal & Others)1 and a judgment of the Division Bench of this Court in

1 CDJ 2007 MHC 2760

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https://www.mhc.tn.gov.in/judis Crl.A.SR.No.56331 of 2007 & Crl.M.P. No. 12070 of 2018

LPA No. 124 of 1993 ( Y. Cusbar V. K. Subbarayan)2. However, on a

perusal of the said judgment, it is seen that the facts and circumstances of

this case are different from those in the judgments relied on by the learned

counsel for the petitioner. In this case, the Lower Appellate Court, after

considering the fact that the borrowals were of the year 1993 & 1995,

acquitted the accused by upholding the plea that the cheque was issued for a

time-barred debt. Under these circumstances, I am not satisfied with the

reasons stated in the affidavit that the bundles got misplaced at the counsel's

office, etc as a reasonable cause for condoning such a huge delay of

3831days. Accordingly, the C.M.P. stands dismissed. Consequently, the

appeal stands rejected at the SR stage itself.

01.07.2022

nv

To

1. The II Additional Sessins Court, Pondicherry.

2. Judicial Magistrate Court, Mahe.

D. BHARATHA CHAKRAVARTHY,J.

2 1993 TNLJ 375

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https://www.mhc.tn.gov.in/judis Crl.A.SR.No.56331 of 2007 & Crl.M.P. No. 12070 of 2018

nv

Crl.A.SR. No.56331 of 2007 & Crl.M.P. No. 12070 of 2018

01.07.2022

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