2011 (8) TMI 1350 - HC - Indian Laws

Summary

Issues Involved:
1. Condonation of delay in filing an appeal.
2. Credibility of medical certificates submitted by the applicant.
3. Applicant's conduct and suppression of facts.

Summary:

Condonation of Delay in Filing an Appeal:
The applicant sought condonation of a delay of four months and twelve days in filing an appeal against the judgment and order of conviction dated 10.11.2010 by the Judicial Magistrate, First Class, Vasco-Da-Gama, u/s 138 of the Negotiable Instruments Act, 1881. The Assistant Sessions Judge dismissed the application on the ground that no material was placed in support of the delay.

Credibility of Medical Certificates Submitted by the Applicant:
The applicant initially submitted a certificate dated 25.3.2011 from Dr. Shrisha Kumar, claiming treatment from 22.11.2010 and advised rest for five months. Respondent no. 1 pointed out that the applicant was in jail from 23.6.2010 to 13.12.2010, leading to the submission of another certificate dated 18.6.2011. The court found both certificates suspicious and unreliable, noting discrepancies and potential fabrication.

Applicant's Conduct and Suppression of Facts:
The applicant failed to disclose his imprisonment period in the application for condonation of delay. The court found that the applicant had not come with clean hands, had relied on fabricated medical certificates, and had suppressed material facts. The court emphasized that such conduct does not merit discretionary relief u/s 397 read with Section 401 of Cr.P.Code.

Conclusion:
The court dismissed the revision application with costs of Rs. 5000 in favor of respondent no. 1, finding no ground to interfere with the Assistant Sessions Judge's order. The applicant was granted two weeks to surrender to the Judicial Magistrate, First Class, Vasco-Da-Gama, failing which appropriate steps would be taken to enforce the sentence. The amount of Rs. 2,00,000 deposited by the applicant was ordered to be returned to him.