AI Overview...
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Condonation of Delay in Negotiable Instruments Appeals - Courts have permitted condonation of delays varying from a few days to several hundred days in filing appeals against acquittals under Section 138 of the Negotiable Instruments Act, 1881. The primary consideration is whether the delay is sufficiently explained and whether justice warrants allowing the appeal despite the delay SH. SHYAM NARAYAN VERMA Vs. M/S G-TRANS LOGISTICS (INDIA) PVT. LTD. & ORS. - Delhi, Saxchinsingh Rakeshsingh Chauhan VS Tribhuvanbhai Bhailal Vasava - Crimes, Saxchinsingh Rakeshsingh Chauhan VS Tribhuvanbhai Bhailal Vasava - Dishonour Of Cheque, BHARAT HIRALAL PARIKH vs HITESHBHAI BHIKHABHAI GAJERA - Gujarat.
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Application of Limitation Act, Section 5 - Courts frequently invoke Section 5 of the Limitation Act, 1963, to condone delays in filing appeals. The courts emphasize that delays of a few days (e.g., 4 or 53 days) are often condoned if justified, and even delays spanning over a year have been condoned when valid reasons are provided SH. SHYAM NARAYAN VERMA Vs. M/S G-TRANS LOGISTICS (INDIA) PVT. LTD. & ORS. - Delhi, Saxchinsingh Rakeshsingh Chauhan VS Tribhuvanbhai Bhailal Vasava - Gujarat.
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Leave to Appeal Against Acquittal - Courts have granted leave to appeal against acquittal under Section 138 after condoning delays, recognizing that the right to appeal is a substantive right and should not be defeated by procedural delays if justified BHARAT HIRALAL PARIKH vs HITESHBHAI BHIKHABHAI GAJERA - Gujarat, Amrit Paper VS Bharti International - Dishonour Of Cheque.
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Importance of Justification for Delay - The courts scrutinize the reasons for delay, such as administrative or procedural lapses, and tend to accept explanations that are reasonable and credible. Delay beyond a year, however, requires substantial justification National Small Industries Corp. Ltd. VS Shakuntla Goswami - Delhi.
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Effect of Delay Condonation on Proceedings - Once delay is condoned, courts proceed to hear the appeals on merits, and dismissals for non-prosecution are often set aside, allowing the appellant to contest the case further MANISHBHAI BHARATBHAI SHAH VS STATE OF GUJARAT - Gujarat, Lochan VS Rajinder Kumar - Himachal Pradesh.
Analysis and Conclusion:
Courts handling appeals under the Negotiable Instruments Act, 1881, demonstrate a pragmatic approach by condoning delays in filing appeals against acquittals, especially when justified under Section 5 of the Limitation Act, 1963. The primary focus is on ensuring justice is not denied due to procedural delays, provided the reasons are credible. Consequently, condonation of delay is routinely granted, enabling appellants to pursue their substantive rights effectively in cases involving Section 138 of the Negotiable Instruments Act.
Search Results for "Condonation of Delay Allowed in Negotaible Instruments Acquittal Appeal"
2024 Supreme(Online)(DEL) 25477 • India - High Court of Delhi
MS. JUSTICE SWARANA KANTA SHARMA, J
(A) Limitation Act, 1963 - Section 5 - Condonation of delay - Application for condonation of delay of 04 days in filing appeal allowed ... of a 4-day delay in filing an appeal against the acquittal of the respondents for an offence under Section 138 of the Negotiable ... against acquittal under Section 138 of Negotiable Instrument Act, 1881 - Notice issued to re....
• India - Dishonour Of Cheque
RAJAN GUPTA
against order vide which complaint under Section 138 of Negotiable Instrument Act was dismissed—Applicant seeking permission permission ... P.C. with liberty to file appeal before court of Sessions—Dismissed as withdrawn. ... application filed under Section 378(4) of Code of Criminal Procedure seeking special leave to appeal ... It is, however, directed that in case an application for condonation of delay is filed by the applicant, time period spent in pursuing the present application/....
2012 0 Supreme(Del) 2511 • India - Delhi
M.L.MEHTA
The petitioner then filed petitions seeking leave to appeal against the dismissal. ... The cases were dismissed for non-prosecution, resulting in the acquittal of the respondents. ... : The court emphasized that the petitioner, a government corporation with a legal department, cannot be allowed to escape responsibility ... The present petitions and the applications for condonation of delay have been filed after the lapse of 620 days in few petitions and 796 days in other petitions. ... The petitioner ev....
2018 0 Supreme(Guj) 1134 • India - Gujarat
SONIA GOKANI
of delay was preferred for condoning delay of 53 days in preferring an application for Special Leave to Appeal - Before allowing ... - Section 378 (4) and 256 - Negotiable Instruments Act, 1881 - Section 138 - Cheque issued was dishonoured - An application for condonation ... any change is made by way of amendment in the code, a DRAFT SUMMONS is provided as under for the Court to make use of the same - Appeal ... An application for condonation of delay was preferred f....
2007 0 Supreme(Guj) 125 • India - Gujarat
S.R.BRAHMBHATT
Act, 1881 - Appeal Dismissed ... Application under Section 5 of the Limitation Act, seeking condonation of delay occurred in preferring Criminal Miscellaneous Application ... / present respondents no. 2 to 5 with the criminal liability so as to punish them under section 138 of the Negotiable Instrument ... He opposed the delay condonation application. It would be expedient to set out few facts leading to filing of this application. ... the respective parties that the....
2018 0 Supreme(HP) 2046 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Delay Condonation - Criminal Revision - Negotiable Instruments Act - Section 138 Fact of the Case: The petitioner ... sought condonation of delay in filing a revision petition after being convicted and sentenced under Section 138 of the Negotiable ... Issues: Delay condonation, liability under Section 138 of the Negotiable Instruments Act, misuse of cheque, and scope of revisional ... Presumptions as to negotiable instruments. ... Even in an #HL_ST....
2024 Supreme(Online)(DEL) 19570 • India - High Court of Delhi
ANOOP KUMAR MENDIRATTA, J
for condonation of delay of 10 days and 15 days in re-filing and filing petitions respectively were allowed, with reasons stated ... to appeal against an acquittal. ... (Paras 2, 4) ... ... (B) Criminal Procedure - Appeal - Leave to appeal granted against acquittal ... Considering the facts and circumstances, leave to appeal is granted and application is accordingly allowed. Code of Criminal Procedure , 1973 (‘C....
• India - Crimes
SONIA GOKANI
(Paras 14, 16 and 17) ... Result: Appeal allowed. ... Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Appeal against acquittal—Offence under Section 138 of Act is primarily ... An application for condonation of delay was preferred for condoning delay of 53 days in preferring an application for Special Leave to Appeal. ... With the above directions, appeal is disposed of accordingly. Notice is discharged. Direct Ser....
• India - High Court of Gujarat
GITA GOPI, J
The judgment examines the application for leave to appeal against an acquittal order under Section 138 of the Negotiable Instruments ... The court ultimately orders to condone the delay and grants the leave to appeal. ... The result is that the delay of 340 days in filing the leave to appeal is condoned, allowing the application to proceed. ... The cause for delay is sufficiently explained and hence, delay of 340 days occurred in preferring the leave....
• India - Dishonour Of Cheque
SONIA GOKANI
(Paras 14, 16 and 17) ... Result: Appeal allowed. ... Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Appeal against acquittal—Offence under Section 138 of Act is primarily ... An application for condonation of delay was preferred for condoning delay of 53 days in preferring an application for Special Leave to Appeal. ... ... With the above directions, appeal is disposed of accordingly. Notice is discharged. ... D....
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