Gujarat High Court Case Information System
Print
SCR.A/589/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 589 of 2008
=========================================================
M/S
VISHAL EXPORTS OVERSEAS LTD & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AJ YAGNIK for
Applicant(s) : 1 - 4.
MR.R.C.KODEKAR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/09/2008
ORAL
ORDER
By
way of this petition under Article 227 of the Constitution of India,
petitioner-original applicants have prayed for an appropriate writ,
direction or order for quashing and setting aside the order dated
24/01/2008 passed by the learned Additional city Sessions Court No.6,
Ahmedabad in Criminal Revision Application No.18 of 2008 whereby the
leaned Judge dismissed the same and confirmed the order passed by the
learned trial Court condoning the delay of two days in preferring the
complaint under Section 138 of the Negotiable Instruments Act.
Considering
the fact that there was a delay of only two days in preferring the
complaint under Section 138 read with Section 141 of the N.I. Act,
the original complainant submitted an application to condone the
delay in invoking Section 142 of the N.I. Act, submitting that as the
learned Advocate met with an accident and he was hospitalized and
therefore a complaint could not be filed within stipulated time. The
said application came to be allowed and the delay of two days in
preferring the criminal complaint came to be condoned.
Being
aggrieved and dissatisfied with the order passed by the learned trial
Court condoning the delay in preferring a complaint under Section 138
of the N.I. Act, present petitioner preferred Revision Application
before the Revisional Court, which came to be dismissed against which
the present petition is filed.
Considering
the facts and circumstances of the case and considering the cause
shown to condone the delay of two days in preferring the complaint
i.e. learned Advocate had met with an accident and he was
hospitalized and therefore the complaint could not be filed within
stipulated period of limitation, and by considering the same the
delay is condoned and the said order is confirmed by the Revisional
Court, the same does not require any interference by this Court by
exercising jurisdiction under Article 227 of the Constitution of
India. Hence, there is no substance in the petition. Petition
stands dismissed.
(M.R.SHAH,
J.)
sompura
Top