2025 (1) TMI 621 - HC - Indian Laws

Dishonour of Cheque - complaint barred by time limitation or not - condonation of delay in filing appeal - funds insufficient - challenge to judgment of acquittal. Challenge to judgment of acquittal - HELD THAT - It was laid down by the Hon ble Supreme Court in Mallappa v. State of Karnataka 2024 (2) TMI 1391 - SUPREME COURT that while deciding an appeal against acquittal, the High Court should see whether the evidence was properly appreciated on record or not; second whether the finding of the Court is illegal or affected by the error of law or fact and thirdly; whether the view taken by the Trial Court was a possible view, which could have been taken based on the material on record. The Court will not lightly interfere with the judgment of acquittal. The present appeal has to be decided as per the parameters laid down by the Hon ble Supreme Court. Appeal barred by time limitation - condonation of delay - HELD THAT - It was permissible for the complainant to present the complaint himself before the Court as per Section 200 of Cr.P.C., and he did not require the assistance of the counsel for presenting the complaint. Hence, the appellant cannot shift the entire blame on the counsel. He could have filed an application for condonation of delay, giving reasons, but he failed to do so, and it is not permissible for the Court to condone the delay when no such prayer was made before the learned Trial Court. In Praveen Qtarmal Parmar 2023 (8) TMI 462 - BOMBAY HIGH COURT , the Bombay High Court held that the delay was impliedly condoned. It also held that the Court had not given an opportunity to pray for the condonation of delay. There cannot be any implied condonation, as noticed above. It is difficult to see how the Court can grant an opportunity for condonation of delay if no such prayer is made. Conclusion - The complaint was barred by limitation, no implied condonation occurred, the complainant bore responsibility for the delay. The learned Trial Court had taken a reasonable view while deciding the complaint and no interference is required with it while deciding an appeal against acquittal. Appeal dismissed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

Whether the complaint filed under Section 138 of the Negotiable Instruments Act (NI Act) was barred by limitation.
Whether the delay in filing the complaint could be deemed to have been condoned by the court's action of issuing a process.
Whether the complainant could be excused for the delay in filing the complaint due to the alleged fault of the counsel.
Whether the trial court's decision to dismiss the complaint was a reasonable view that should not be interfered with on appeal.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Limitation of the Complaint

Relevant Legal Framework and Precedents: Section 138 of the NI Act deals with the dishonor of cheques due to insufficient funds, while Section 142(b) specifies the time limit for filing a complaint, which is within one month from the date on which the cause of action arises. The complaint must be filed within 30 days after the expiry of 15 days from the date of receipt of the legal notice.
Court's Interpretation and Reasoning: The court noted that the complaint was filed on 10.4.2014, beyond the permissible period, and no application for condonation of delay was filed. Thus, the complaint was barred by limitation.
Key Evidence and Findings: The legal notice was deemed served on 27.1.2014, making the deadline for filing the complaint 9.3.2014. The complaint was filed on 10.4.2014.
Application of Law to Facts: The court applied the statutory time limits strictly, finding no justification for the delay.
Treatment of Competing Arguments: The appellant argued that the complaint was prepared on time but filed late due to counsel's error. The court rejected this, emphasizing the complainant's responsibility to ensure timely filing.
Conclusions: The court concluded that the complaint was indeed barred by limitation, and no valid reason for delay was presented.

Issue 2: Implied Condonation of Delay

Relevant Legal Framework and Precedents: The court referenced precedents stating that delay cannot be condoned without notice to the accused and a conscious order of condonation.
Court's Interpretation and Reasoning: The court rejected the notion of implied condonation, emphasizing the necessity of explicit judicial action to condone delay.
Key Evidence and Findings: The court found no evidence of an application for condonation or any judicial order condoning the delay.
Application of Law to Facts: The court applied the principle that condonation requires explicit judicial action, which was absent in this case.
Treatment of Competing Arguments: The appellant's reliance on the issuance of process as implied condonation was dismissed based on legal precedents.
Conclusions: The court concluded that there was no implied condonation of delay.

Issue 3: Responsibility for Filing Delay

Relevant Legal Framework and Precedents: The court noted that a complainant can present a complaint themselves under Section 200 of Cr.P.C.
Court's Interpretation and Reasoning: The court held that the complainant could not shift responsibility entirely to the counsel, as they had the option to file personally.
Key Evidence and Findings: The complaint was prepared but not filed on time, and no application for condonation was made.
Application of Law to Facts: The court found no justification for the complainant's inaction in filing the complaint.
Treatment of Competing Arguments: The court rejected the argument that the complainant should not be penalized for counsel's error.
Conclusions: The court concluded that the complainant bore responsibility for the delay.

Issue 4: Reasonableness of Trial Court's Decision

Relevant Legal Framework and Precedents: The court referenced the principle that appellate courts should not lightly interfere with acquittal judgments unless they are illegal or perverse.
Court's Interpretation and Reasoning: The court found that the trial court's decision was reasonable and based on a possible view of the evidence.
Key Evidence and Findings: The trial court's decision was based on the lack of timely filing and absence of condonation.
Application of Law to Facts: The court applied the principle of non-interference with reasonable trial court decisions.
Treatment of Competing Arguments: The appellant's arguments for overturning the decision were found insufficient to demonstrate error or illegality.
Conclusions: The court upheld the trial court's decision as reasonable and not requiring interference.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "It is the cardinal principle of criminal jurisprudence that there is a presumption of innocence in favour of the accused unless proven guilty. The presumption continues at all stages of the trial and finally culminates into a fact when the case ends in acquittal."
Core Principles Established: The necessity for explicit judicial action for condonation of delay and the responsibility of the complainant to ensure timely filing were reinforced.
Final Determinations on Each Issue: The complaint was barred by limitation, no implied condonation occurred, the complainant bore responsibility for the delay, and the trial court's decision was reasonable and upheld.

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