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2021 (1) TMI 626 - HC - Indian LawsMaintainability of petition - right to prefer an appeal - condonation of delay application under Section 5 of the Limitation Act - Dishonor of cheque - Section 148 of the Negotiable Instruments Act - HELD THAT:- As per section 148 of NI Act, A minimum of 20% of the compensation amount may be directed to be paid at the time of hearing of the appeal. Thus, fixing 50% of the compensation amount as a pre-condition for hearing of the application and the appeal was not an absolute imperative. It has to be remembered that the right of appeal of a convict is too precious to be thwarted by technical embargoes, that too discretionary ones. As such, so far as the direction to pay 50% of the compensation amount is concerned, the same ought to be suitably modified. In the present case, during pendency of this revision, the Learned Appellate Court has proceeded with the matter and dismissed the appeal and the application of the present petitioner on the technical ground that 50% of the compensation amount could not be paid by him. It is true that in the absence of a stay, it is open to a Learned Appellate Court to proceed with the matter. However, every discretion has to be exercised judiciously. Furthermore, it is also true that the delay in disposing of a matter does not depend merely on a litigant who prefers an application. Sometimes, there are systematic delays. Sometimes, there are other factors which come into play like the onset of a pandemic, as in the present case. Without going into the petitioner's role in protracting a proceeding, he cannot be penalised for the purported delay. It shall be just and proper if the petitioner is directed to deposit 25% of the compensation amount in terms of Section 148 of the Negotiable Instruments Act - The impugned order are set aside, the application for condonation of delay and the appeal are restored to their original file and number before the Learned Appellate Court, the matter is remanded back to the Learned Appellate Court so that the application and the appeal can be decided afresh - Petition allowed by way of remand.
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