Point of Law: Concept of reasonableness dictates that, Courts even while taking a liberal approach must weigh in rights and obligations of both parties.

JUDGMENT :

SATYEN VAIDYA, J.

1. The delay in filing the appeal under Section 378 of the Code of Criminal Procedure (for short ‘the Code’) is sought to be condoned by way of instant application.

2. The complaint filed by applicant/appellant against respondent under Section 138 of the Negotiable Instruments Act, was dismissed by learned Judicial Magistrate First Class, Arki, District Solan, H.P. vide judgment dated 30.09.2019 passed in Criminal Case No. 51/3 of 2013.

3. The contents of instant application reveal that there is a delay of 807 days in filing the appeal. It is submitted that the delay as has occurred in filing the appeal is neither intentional nor willful. As per applicant, his counsel had not intimated him about the fate of the complaint, which was dismissed by learned trial Court on 30.9.2019. The applicant contacted his counsel in second week of March, 2020 and then came to know about the dismissal of the complaint. The applicant was informed that in order to assail the judgment of acquittal, applicant had to file appeal in the High Court. Thereafter, the applicant was prevented from filing the appeal due to COVID-19 restrictions. The applicant again contacted his counsel at Solan in December, 2021 and demanded certified copy of judgment passed by learned trial Court. The counsel did not supply the copy to the applicant and thereafter the applicant applied for certified copy of the judgment, which was supplied to him on 06.01.2022. The appeal could not be filed immediately on receipt of the certified copy as the counsel representing the applicant was out of station during winter vacations. He returned in the month of March, 2022 and thereafter the appeal alongwith the present application was filed.

4. Respondent, on notice, has contested the averments made in the application. It is submitted that the applicant has not approached this Court with clean hands. The judgment was passed by learned trial Court on 30.9.2019. A certified copy of the judgment had been received by the applicant/his counsel on 23.10.2019. The applicant has concocted a false story. It is further submitted that the applicant cannot be allowed to take the benefit of COVID-19 restrictions for unlimited period. During the entire year of 2021, the Courts had been working offline and online. On such ground a prayer has been made to dismiss the application.

5. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

6. In order to seek verification regarding the factum of applicant or his counsel having received a certified copy of judgment passed by learned trial Court on 23.10.2019, the comments were sought from the Copying Agency/ Court of Judicial Magistrate First Class, Arki and in response thereto, it has been confirmed that the certified copy of judgment indeed was delivered on 23.10.2019. It has been reported that an application for supplying certified copy of judgment passed by learned Judicial Magistrate First Class, Arki was submitted by Sh. Joginder Thakur, Advocate on 22.10.2019. The copy was prepared on 23.10.2019 and was delivered to one Sh. Vikas on 23.10.2019 itself. It is further reported that Sh. Vikas is an associate of Sh. Joginder Thakur, Advocate.

7. It is revealed from the certified copy of judgment dated 30.9.2019 passed by learned Judicial Magistrate First Class, Arki in Criminal Case No. 51/3 of 2013 that the applicant was represented before learned trial Court through Sh. Joginder Thakur, Advocate. Thus, the plea raised by respondent that a certified copy of judgment passed by learned trial Court had already been delivered to the counsel for applicant on 23.10.2019 is corroborated. However, it is alleged by the applicant that his counsel had not informed him about the fate of the case till the time when the applicant had enquired from his counsel in March, 2020. In view of the stand taken by the applicant, he had come to know about the dismissal of his complaint in March, 2020. As