Mr. Jagmohan Marwah vs M/S. Equentis Capital Private ...
2022 Latest Caselaw 5714 Tel

            THE HON'BLE Dr.JUSTICE G.RADHA RANI

            CRIMINAL REVISION CASE No.428 of 2020


ORDER:

The Criminal Revision Case is filed by the

petitioner/appellant against the order dated 16.03.2020 in

Crl.M.P.No.4763 of 2019 in unnumbered Criminal Appeal of 2019

passed by the Metropolitan Sessions Judge, Ranga Reddy District

against the judgment dated 22.07.2019 passed in CC No.209 of

2018 by the VIII Special Magistrate, Kukatpally, Ranga Reddy

District.

2. Heard the learned counsel for the petitioner. No

representation by the learned counsel for the respondents.

3. Learned counsel for the petitioner submitted that this

Criminal Revision Case is filed aggrieved by the dismissal order

dated 16.03.2020 passed in Crl.M.P.No.4763 of 2019 by the

Metropolitan Sessions Judge, Ranga Reddy District in dismissing

the condone delay petition filed by the petitioner.

4. On perusal of the record, it is disclosed that the petitioner

is the complainant in C.C.No.209 of 2018 on the file of the VIII

Special Magistrate, Kukatpally and the trial Court convicted the

respondents, but failed to award any compensation, as such,

aggrieved by the same, the petitioner preferred the appeal but as

there was a delay of (8) days in filing the appeal, the

Crl.M.P.No.4763 of 2019 was filed by the petitioner but the said

petition was dismissed.

5. The court below dismissed the delay petition observing

that the reasons cited by the petitioner appear to be totally bald and

the petitioner failed to place any material before the court to show

that he was travelling frequently on business purpose. The delay in

filing the appeal is only 8 days. The Hon'ble Apex Court in Esha

Bhatacharjee Vs. Managing Committee of Raghunathpur

Nafar Academy (Civil Appeal Nos.8183-8184 of 2013) held that

there was a distinction between inordinate delay and delay of short

duration or few days. As the doctrine of prejudice would be

attracted when there was an inordinate delay and the delay of short

duration needs no strict approach but a liberal approach, it is

considered fit to allow the revision by setting aside the impugned

order.

6. In the result, the Revision Case is allowed by setting aside

the order dated 16.03.2020 passed in Crl.M.P.No.4763 of 2019 in

Crl.Appeal.No.... of 2019 in C.C.No.209 of 2018 passed by the

Metropolitan Sessions Judge, Ranga Reddy District and the delay

in preferring the criminal appeal is condoned..

Miscellaneous Petitions, pending if any, shall stand closed.

___________________________ Dr.JUSTICE G.RADHA RANI

Date:08.11.2022 dgr/ss

THE HON'BLE Dr. JUSTICE G.RADHA RANI

CRIMINAL REVISION CASE No.428 of 2020

Dt.08.11.2022

Dgr/ss