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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Vijay Kumar Mahato - Appellant
Versus
The State of Jharkhand - Respondent
Cr. Revision No. 434 of 2023
Decided On : 18-03-2025
| Table of Content |
|---|
| 1. request for condonation of delay (Para 1 , 2) |
| 2. court allows the condonation with costs (Para 4 , 5) |
| 3. second application for condoning delay (Para 6 , 7 , 8) |
| 4. second application allowed with costs (Para 9 , 10) |
| 5. direction for mediation between parties (Para 11 , 12 , 13) |
| 6. stay on coercive steps till mediation (Para 14 , 15) |
JUDGMENT :
I.A No. 6922 of 2023 in Cr. Rev. No. 434 of 2023
1. I.A. No. 6922 of 2023 has been filed on behalf of the petitioner under Section 5 of the LIMITATION ACT for condoning the delay of 1007 days.
2. It is submitted that the petitioner is ready to get the case compromise with the O.P. No.2 and hence the delay of 1007 days in filing the Criminal Revision Application may be condoned.
3. On the other hand, learned Counsel for the O.P. No.2 raised no objection.
4. Having heard learned counsel for both the sides and on going through the averments, it appears that the delay is not satisfactorily explained. However, considering the fact that the case can be compromised between the parties, the delay of 1007 days in filing the instant Criminal Revision Application is condoned on payment of cost of Rs.1000/ to the O.P. No.2 which will be paid before the learned Secretary, DLSA, Dhanbad.
5. Thus, I.A. No. 6922 of 2023 is allowed and stands disposed of.
I.A No. 6923 of 2023 in Cr. Rev. No. 378 of 2023
6. I.A. No.6923 of 2023 has been filed on behalf of the petitioner under Section 5 of the LIMITATION ACT for condoning the delay of 994 days.
7. It is submitted that the petitioner is ready to get the case compromise with the O.P. No.2 and hence the delay of 994 days in filing the Criminal Revision Application may be condoned.
8. On the other hand, learned Counsel for the O.P. No.2 raised no objection.
9. Having heard learned counsel for both the sides and on going through the averments, it appears that the delay is not satisfactorily explained. However, considering the fact that the case can be compromised between the parties, the delay of 994 days in filing the instant Criminal Revision Application is condoned on payment of cost of Rs.1000/ to the O.P. No.2 which will be paid before the learned Secretary, DLSA, Dhanbad.
10. Thus, I.A. No. 6923 of 2023 is allowed and stands disposed of.
Cr. Revision No. 434 of 2023 with Cr. Revision No. 377 of 2023 with Cr. Revision No. 378 of 2023
11. Learned counsel for the petitioner submitted that the case is likely to be compromised between the parties and hence, the matter may be referred to Mediation. It is submitted that the petitioner is ready to pay the reasonable amount to the O.P. No.2 which may be settled during negotiation.
12. Under the circumstances, the petitioner and the O.P. No.2 are directed to appear before the learned Secretary, DLSA, Dhanbad on 08.04.2025.
13. The learned Secretary, DLSA, Dhanbad shall appoint a Mediator for amicable settlement between both the sides and shall submit the report on or before this Court on 05.05.2025.
14. Put this case on 08.05.2025.
15. Till then, no coercive step shall be taken against the petitioner.
Delays in filing applications under the Limitations Act can be condoned when parties indicate readiness to compromise, promoting amicable settlements through mediation.
The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.
The court condoned a 212-day delay in filing a Criminal Revision Application based on the petitioner's financial hardship and ignorance of prior judgments, granting provisional bail during the appeal....
The court ruled that the applicant's delay of 1074 days in filing a revision petition was unjustified due to lack of sufficient cause, emphasizing the importance of adhering to limitation laws.
A valid compromise between parties can lead to the quashing of a conviction under the Negotiable Instruments Act if the complainant does not object, supported by Supreme Court precedent.
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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