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GITA GOPI
TEJAS DINESCHANDRA KANSARA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
Order in Criminal Misc. Application No. 2 of 2024
1. The present application has been filed for condonation of delay of 2273 days caused in filing the application for legal heirs.
2. Learned advocate for the applicant states that since the original complainant is no more and the heirs have now made a prayer to join them as legal heirs and condoned the delay of 2273 days, stating that they were not having specific knowledge about the pendency of the case and only on information from the Advocate, after getting the pedigree executed, a prayer has been made to join them as parties by condoning the delay.
3. Learned APP for the respondent State submitted that though each day delay has not to be explained, but sufficient explanation is required to be placed on record for consideration of the Court, and, thus urged to reject the application.
4. In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others, AIR 1987 SC 1353 it has been observed as under:
The court established that delays in legal proceedings can be condoned to ensure justice, and offenses under the Negotiable Instruments Act can be compounded with the consent of the aggrieved party.
The court established that delays in legal proceedings can be condoned for substantial justice, and offenses under the NI Act can be compounded with the consent of the aggrieved party.
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