Vimala W/o Yogesh Hiremath v. Rajashekar Tegginamani
2020-03-20
H.P.SANDESH
body2020
DigiLaw.ai
ORDER : 1. Heard on I.A.No.1/2020 for condonation of delay of 861 days in filing the criminal revision petition. 2. The Revision petitioner in the application and in the memorandum of facts filed by the counsel appearing for the revision petitioner has stated that, the appeal was dismissed in the year 2017 on the ground of limitation by confirming the Judgment of conviction dated 22.03.2016 passed in C.C.No.5866/2015 and the petitioner is a lady and suffering from health ailments and the financial loss, therefore, she could not contact the counsel in time and hence, there was a delay. 3. The respondent counsel has filed objections contending that, reasons assigned in the memorandum of facts are all false and no material is placed in respect of the reasons assigned in the application and the memorandum of facts. The petitioner is already in the custody for non-compliance of the Court order and also suffering the sentence passed by the Trial Judge. The delay of 861 days has not been explained properly and hence, the application is liable to be dismissed. 4. Having heard the petitioner counsel and also the counsel appearing for the respondent and on perusal of the records, it discloses that the case was filed in the year 2008 i.e. on 12.05.2008 and subsequently the same is renumbered and the Trial Judge after recording the evidence of the complainant both oral and documentary evidence of the petitioner herein, did not choose to examine herself before the Trial Court. The Trial Judge considering the same, convicted the accused vide order dated 22.03.2016. Being aggrieved by the order of conviction, an appeal is filed on 17.08.2016 before the Principal District and Sessions Judge, Dharwad and while filing the appeal also, there was a delay of 91 days and the appellate Court by issuing notice heard both the counsels and condoned the delay on payment of cost of Rs.4,000/-vide order dated 20.03.2017. In spite of giving time to pay the cost, the revision petitioner did not pay the cost and hence the appeal was dismissed on 28.06.2017 due to non compliance of the order dismissed the appeal as hit by law of limitation. The said order was passed on 28.06.2017. 5. This revision petition is filed on 04.02.2020 and there is a delay of 861 days.
The said order was passed on 28.06.2017. 5. This revision petition is filed on 04.02.2020 and there is a delay of 861 days. The reasons assigned in the application for condonation of delay is that, she was having severe ailments and also suffering from financial loss. With regard to suffering ailment is concerned, no document is produced and the reasons for not approaching the Court within time is also not explained. There is a delay of 861 days and the reason given in the memorandum of facts by the counsel appearing for the revision petitioner is not satisfactory. The petitioner kept quite from 2017 and only after the arrest, the petitioner on 21.01.2020 instructed the counsel to file this revision petition. 6. Having taken note of the reasons assigned in the memorandum of facts, each day delay has not been explained and the reasons assigned for the condonation of delay is not satisfactory and there are no sufficient reasons, and apart from that the first appellate Court also dismissed the appeal on the ground of limitation and the revision petitioner did not comply the order passed on I.A.No.1, condoning the delay by imposing cost of Rs.4,000/-. The same was not complied and thereafter the appeal was dismissed. The Revision Petitioner even aware of dismissal of appeal by the Appellate Court and again approached this Court after 861 days of delay. 7. Having taken note of the same, I do not find any reasons to condone the delay of 861 days which has not been properly explained by the revision petitioner and hence, I.A.No.1/2020 is dismissed. Consequently, the present Criminal Revision Petition is also dismissed. Since, the petition itself is dismissed, the another I.A.No.2/2020 filed, seeking for suspension of sentence and bail, does not survive for consideration.