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ANOOP CHITKARA
Mandeep Singh – Appellant
Versus
Kulwinder Singh – Respondent
JUDGMENT :
1. The petitioner, incarcerated on having been convicted under Section 138 of Negotiable Instruments Act, 1881 by the trial Court as well as Sessions Court, had come up before this Court by filing the present revision petition on 15-Dec-2023 under Section 401 of Code of Criminal Procedure, 1973 [CrPC]. However, since the petitioner did not assail the judgment passed by the Sessions Court within the statutory limitation of ninety days, the petitioner had also filed an application under Section 5 of the Limitation Act seeking condonation of delay of 38 days. Technically speaking, unless the delay was condoned, no criminal revision petition was pending before this Court. Thus, the primary matter before this Court was adjudicating the application under Section 5 of the Limitation Act, 1963.
2. The complainant has been arraigned as the first respondent and the State of Punjab as the second. The first respondent, the aggrieved party, did not file any reply to the delay application CRM-53576-2023. As per the application, the reasons for the delay were the petitioner’s confinement in jail, which resulted in exceeding the limitation for challenging the judgment of Sessions Court by
Pending applications under the repealed Code of Criminal Procedure are governed by the old law if filed before the new law's enactment, as per saving provisions.
A court should not condone inordinate delay under Section 5 of the Limitation Act where the applicant fails to provide a bona fide, satisfactory explanation, and the delay demonstrates gross negligen....
The court will not exercise its discretion to condone an inordinate delay under Section 5 of the Limitation Act if the applicant fails to provide a bona fide, satisfactory explanation, as law of limi....
Delay in filing criminal revision petitions was not condoned due to inadequate justification, reaffirming importance of adherence to limitation rules.
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