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2021 (7) TMI 387 - CHHATTISGARH HIGH COURTCondonation of delay of 226 days in filing revision petition - sufficient explanation provided for condonation of delay or not - Dishonor of Cheque - HELD THAT:- It is well settled by the Supreme Court that there cannot be any rigid ground to be held with sufficient cause for condoning the delay. The basic parameter for treating the reasons as sufficient cause is whether by not filing the case within the stipulated time framed right of any party is adversely affected. The Supreme Court in catena of decisions has held that the Courts should adopt a liberal and justice-oriented approach for condoning the delay. Ordinarily a litigant does not stand to benefit by lodging an appeal late. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties - Similarly, it is also well settled by the Supreme Court that the condonation of delay must be on bonafide reason without any ulterior motive or any deliberately manner on the part of the litigant then only the delay in filing the application before the Court should be entertained. In the case in hand, it is apparent that the petitioner was willing to prosecute his case with most sincerity and on the advise of his counsel, he filed criminal revision before this Court directly and after dismissal of the same, there was no communication by his counsel, as such, mistake on part of the counsel, litigant should not be suffered. Moreover, the complaint of the petitioner has been dismissed by learned Chief Judicial Magistrate without deciding on merits, as such, sufficient bonafide reasons have been assigned by the petitioner to condone the delay. The delay in filing the revision petition is hereby condoned - petition allowed.
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