The absence of a sufficient cause for delay in filing a revision petition justifies dismissal, emphasizing that negligence cannot be excused.

JUDGMENT & ORDER :

KAUSHIK GOSWAMI, J.

Heard Mr. N. Patiri, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.

2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing and setting aside of the order dated 08.07.2024 in Criminal (L) No. 7/2023 passed by the learned Additional Sessions Judge No.3, Nagaon, (hereinafter referred to as the “revisional Court”) whereby the petition filed by the petitioner for condoning the delay in filing the Criminal Revision was dismissed.

3. The brief facts of the case is that the respondent No. 2 had filed an application under Section 125 of the Code of Criminal Procedure, 1973 against the petitioner in the month of April, 2015 before the Court of learned Chief Judicial Magistrate, Nagaon, which was later on transferred to the Court of learned Sub-Divisional Judicial Magistrate (S), Nagaon, (hereinafter referred to as the “trial Court”) for dismissal. Thereafter, since the petitioner did not appear before the trial Court, the case was proceeded ex- parte against the petitioner and on 17.09.2016, the learned trial Court was pleased to direct the petitioner to pay an amount of Rs. 4,500/- (rupees four thousand) only to the respondent No.2 and Rs. 2,000/- (rupees two thousand) only to the minor son of the respondent No.2. Thereafter, the order dated 17.09.2016 could not be executed due to the absence of the petitioner. Situated thus, the respondent No.2 on 06.09.2021 filed a petition before the trial Court for revival of the said case and learned trial Court by order dated 18.09.2021 was pleased to revive the said case and issue notice to the petitioner. It appears that it is the further case of the petitioner that though notice was issued against the petitioner, however, it was not duly served upon him and as such, the petitioner was absent on 21.10.2021 and 22.12.2021. It is pertinent to mention that the respondent No.2 had filed a petition on 22.11.2021 for allowance of issuance of notice upon the petitioner through WhatsApp messenger and the learned trial Court was pleased to allow the same. It appears that on 23.12.2021 a report was received from the Process Server of the trial Court as regards the service of the notice upon the petitioner through WhatsApp messenger and the same was posted on 27.01.2022. Thereafter, on 27.01.2022 since the petitioner did not appear, the learned trial Court was pleased to issue a Distress Warrant against the petitioner. Thereafter on 24.02.2022, 24.03.2022, 13.05.2022, 27.06.2022 and 28.07.2022 it appears that the Distress Warrants could not be executed against the petitioner. Accordingly, on 28.07.2022 respondent No.2 filed another petition for deducting the monthly allowance from the salary of the petitioner and the learned trial Court by order dated 30.08.2022 was pleased to direct the Drawing and Disbursing Officer of the petitioner to deduct an amount of Rs. 4,500/- (rupees four thousand five hundred) only for the respondent No.2 and Rs. 2,000/- (rupees two thousand) only for the son of the respondent No.2.

4. Thereafter, on 31.10.2022 the respondent No.2 filed a petition before the learned trial Court stating that as per the order dated 30.08.2022 the respondent No.2 received an amount of Rs. 6,500/- (rupees six thousand five hundred only), however, there is an arrear amount of Rs. 4,61,500/- (rupees four lakh sixty one thousand five hundred) only and accordingly, prayed for issuance of Distress Warrant against the petitioner. Thereafter, the trial Court issued a Bailable Warrant of Arrest (BWA) of Rs. 10,000/- by order dated 09.02.2023 against the petitioner.

5. It is the specific case of the petitioner that after the petitioner came to know of the deduction of amount of Rs. 6,500/- per month from his salary, he preferred a petition being Criminal (L) Petition No. 07/2023 for condonation of delay for filing a criminal revision before