Devi Lal Sahu (Teli) vs Smt. Ram Pyari Sahu
2021 Latest Caselaw 10486 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1661/2019

Devi Lal Sahu (Teli) S/o Shri Udai Lal Sahu (Teli), Aged About 53 Years, Jhameshwar Dairy Wali Gali, Bhopalwadi, District (Raj.).

----Petitioner Versus

1. Smt. Ram Pyari Sahu W/o Shri Amba Lal Sahu, 805, Nayapura, Inside Dehligate, Udaipur (Raj.).

2. State Of Rajasthan, Through P.P.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Love Jain.
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC.
                               Mr. Rajat Dave.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                    Order

09/07/2021

The petitioner was convicted by the learned Special Judicial

Magistrate (N.I. Act Cases) No.3, Udaipur for the offence under

Section 138 of the N.I. Act by order dated 27.05.2019. He

preferred an appeal aginst the said judgment albeit with some

delay. The appeal was accompanied with an application under

Section 5 of the Limitation Act. However, the appellate court i.e.

the learned Sessions Judge, Udaipur, vide order dated 30.11.2019,

rejected the application under Section 5 of the Limitation Act and

so also the appeal of the petitioner as being time barred.

It is the opinion of this Court that it was a first appeal on

behalf of the petitioner and thus, the appellate court ought not to

have taken a hyper-technical view while rejecting the appeal on

the ground of limitation. The delay ought to have been condoned

(2 of 2) [CRLR-1661/2019]

and the appeal should have been decided on merits. The disputed

cheque was for a sum of Rs.5,00,000/-. Thus, it is ordered that in

case, the petitioner files an appeal with an application under

Section 5 of the Limitation Act and a demand draft of

Rs.1,50,000/- drawn in the name of respondent No.2 before the

Sessions Judge, Udaipur within next 30 days, the delay occasioned

in filing of the appeal shall be condoned and the appeal shall be

heard and decided on merits expeditiously. The demand draft shall

be handed over to the complainant. The order dated 30.11.2019

passed by the learned Sessions Judge, Udaipur in Criminal Appeal

No.335/2019 is set aside with the above observations.

The revision petition is allowed accordingly. Stay application

is disposed of.

(SANDEEP MEHTA),J

40-/-Tikam

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