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BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
M/s. J.B.D. Finance and Investment Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ashok M. Saraogi
For the Respondents: Mr. A.R. Patil

Judgement Key Points

The legal decision emphasizes that the two-year limitation period for seeking the restoration of attached property under Section 85 of the Cr.P.C. can be extended if a reasonable cause is demonstrated. The court clarified that strict adherence to the two-year limit should not override the fundamental principles of justice and fairness, especially when circumstances beyond the control of the applicant prevented timely action (!) (!) .

Furthermore, the court highlighted that applications filed after the two-year period should not be automatically dismissed if the applicant can prove that they were prevented by sufficient cause from approaching the court within the prescribed timeframe (!) . The underlying purpose of the law is to facilitate justice rather than to impose rigid procedural constraints that could undermine the rights of the parties involved (!) .

In this case, the court found that the petitioner was prevented by sufficient cause from filing the application within two years, due to circumstances such as ongoing civil proceedings and attachment orders that were only resolved later. Consequently, the court held that the order rejecting the application based solely on the expiration of the two-year limit was incorrect, and directed the concerned magistrate to reconsider the application on its merits, taking into account the reasons for the delay (!) .

The decision underscores that procedural strictness should not hinder substantive justice, and applications under Section 85 of the Cr.P.C. should be evaluated on a case-by-case basis, considering whether the applicant had a justifiable reason for the delay (!) . The court also directed that the petitioners should formally reapply, and within a specified period, the application should be decided in accordance with the principles laid down in the judgment (!) .

Overall, the ruling reinforces the principle that limitations are not absolute and that courts have the discretion to extend or relax procedural timelines when justified by the circumstances, ensuring that justice is served fairly and equitably (!) (!) (!) .


Table of Content
1. petition under article 227 regarding property attachment. (Para 1 , 3)
2. background facts involving attachment and complaints under the negotiable instruments act. (Para 4 , 5)
3. previous applications for restoration were rejected based on jurisdiction and time. (Para 6 , 10)
4. court's authority to extend deadlines based on reasonable cause. (Para 11 , 12 , 16)
5. final orders and direction to reconsider the restoration application. (Para 17 , 18 , 19)

Judgment : -

1. Rule.

2. Rule made returnable forthwith. Heard, finally with the consent of the parties.

3. These petitions under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure , 1973, are directed against the order dated 21st November, 2019 (a common order) by which the Petitioners’ application, for release and the restoration of property attached under Section 83 of the Code of Criminal Procedure , 1973, has been rejected by the Metropolitan Magistrate 28th Court at Esplanade Mumbai.

4. Background facts are ; The Respondent No.2 – M/s Sampark Marketing Advertising Solution Pvt. Ltd. filed complaints under Section 138 of the Negotiable Instruments Act against the Petit

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