R.Ramasamy v. Nithya Sizing And Weaving Mills

in Crl.R.C.SR.No.10911 of 2020 R.PONGIAPPAN, J.

This petition has been filed to condone the delay of 28 days in filing the Criminal Revision Petition as against the judgment dated 22.07.2019 made in C.A.No.461 of 2018 on the file of the I Additional District and Sessions Judge at Coimbatore in confirming the judgment dated 28.09.2018 in C.C.No.746 of 2017 on the file of the learned Judicial Magistrate, Sulur at Coimbatore.

2.

The case of the petitioner is that, he is an accused in C.C.No.746 of 2017 and he was tried for the offences under Section 138 of Negotiable Instruments Act (herein after referred to as "NI Act"). Later both the trial Court and the first appellate Court concurrently held that the petitioner found guilty for the offence under Section 138 of NI Act. Challenging the same the petitioner preferred this Revision case before this Court. In this regard, there was a delay of 28 days in preferring the revision case and therefore, the petitioner is before this Court.

3.

The learned counsel appearing for the petitioner would submit that due to Corona pandemic, the petitioner is not able to file the revision immediately after the judmgnet. Further, the petitioner is ready to settle the issue by paying the cheque amount.

4.

In this regard, the learned counsel appearing for the respondent did not raise any serious objection.

5.

Heard the learned counsel appearing on either side and perused the documents.

6.

Here it is a case, the period of delay which required to be condoned is only 28 days and therefore considering the facts and circumstances, the present Criminal Miscellaneous Petition is ordered. 7.

Registry is directed to number the main revision case, if it is otherwise in order.

21.04.2022 rts

R.PONGIAPPAN, J.

rts 21.04.2022