138 N.I. Act-Delay in appealing against conviction by JM
1 year ago
In a typical case, that happened here at Sivakasi in Virudhunagar District, a drawer issued a cheque for Rs. 5,12,000/- The cheque bounced back and in the trial court, he was convicted by the Judicial Magistrate -II. The drawer is in prison now. He filed an appeal before the District Sessions court at Srivilliputtur challenging his conviction after 1187 days. ( Conviction in Feb, 2019. Filing appeal before the Sessions Court in 2022. ). The accused's counsel filed a delay condonation petition under Sec.5 of Limitation act, 1963. Now, will this appeal against conviction lie, as it is barred by limitation ? Can such a long delay be condoned by the sessions judge ? The Delay condoning petition cites that "the delay is neither wilful nor wanton." No other bonafide, valid reasons for delay are cited. Can the delay be condoned ? Kindly clarify my doubt. Srivilliputtur S Ramesh, Legal Counsel, Srivilliputtur.
The court has the power to allow the petition filed under Section 5 of the Limitation act and this is up to the court and this will only happen if the court is satisfied with the reasons for the delay.
From what you have mentioned it is highly improbable that the court will allow this petition based on those reasons especially since the Petitioner is filing for the appeal nearly 1187 days after the date of judgement when the limitation only allows him to file the appeal in the district court 30 days from the date of the judgement.
Thank you so much and I hope this answer helped you.
Subhashis Paul
Responded 1 year ago
If no reasons are shown then such appeal will be rejected. If unfortunately delay is condoned by Sessions Court then you can go to High Court and get justice.
The Court of appeal has the power and discretion to condone the delay when the court is satisfied on the grounds provided for the delay. her it seems very unlikely that the Session's court will condone.
Fake cheque bounce case
FD as a security for bail
Cheque bounce due to stop payment.
Cheque bounce
Cheque bounce case
