TMI Blog2021 (7) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect, Korba for ₹ 40,000/-, which was dishonoured by Oriental Bank of Commerce, Korba on account of insufficient balance and information in this regard was received by the petitioner/complainant on 25.06.2021. Hence, the accused has committed offence under Section 138B of the NI Act. As per provision of Section 138 of the NI Act, the petitioner sent a legal notice to the accused/respondent on 21.07.2012, which was acknowledged on 16.08.2012 by the accused. Despite this, the accused has not paid the amount, thereby, committed offence under Section 138B of the NI Act. 3. The petitioner filed a complaint on 10.09.2012 under Section 138B of the NI Act and Section 420 of I.P.C. before Chief Judicial Magistrate, Korba and the same was dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.2013 that the revision petition has been dismissed with liberty in favour of him to file revision petition before learned Sessions Judge. As such, the delay in filing the revision petition is bonafide and the same deserved to be condoned by the revisional court, also that the revision petition may be decided on merits. 6. Learned counsel for the respondent would submit that the order passed by learned revisional court is legal, justified and not liable to be interfered by this Court. He would further submit that the petitioner has not made any case for condonation of delay as no sufficient cause has been shown for not filing the revision petition within stipulated time. 7. Learned Sessions Judge vide impugned order dated 24.06.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by not filing the case within the stipulated time framed right of any party is adversely affected. 10. 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. 11. The Hon'ble Supreme Court in Bhivchandra Shankar More Vs. Balu Gangaram More others (2019) 6 SCC 387 , held as under:- 15. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim interest reipublicae up sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng injustice and is expected to do so. 13. 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. Now coming to the facts of 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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