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This Criminal Revision case has been filed challenging the order of dismissal dated 12.12.2022 passed by the Principal Session Judge, Villupuram in Crl.M.P.No.5420 of 2022 seeking to condone the delay of https://www.mhc.tn.gov.in/judis 1320 days in filing criminal appeal and number the appeal and suspend the sentence and grant bail to the petitioner.
2. The learned counsel for the petitioner submitted that the petitioner is an accused in CC.No.174 of 2016 on the file of Judicial Magistrate (Fast Track Court) Kallakurichi. The respondent/complainant filed a complaint against the petitioner for an offence under section 138 of Negotiable Instruments Act. After trial, the trial court, by its judgment dated 23.10.2018, convicted and sentenced him to undergo one year simple imprisonment and also to pay a fine amount of Rs.10 lakhs, in default in payment, to undergo three months simple imprisonment and the fine amount to be paid by the petitioner has to be treated as compensation. The trial court has suspended the sentence imposed on the petitioner in Crl.M.P.No.3804/2018 till 14.11.2018. After the expiry of appeal period, since the petitioner did not approach the lower appellate court and preferred appeal, the trial court issued Non Bailable Warrant against the petitioner on 07.12.2021 and the same was executed on 17.4.2022 and now the petitioner is under judicial custody from 17.04.2022. Thereafter, the petitioner has preferred appeal before the Principal Sessions Judge, Villupuram along with https://www.mhc.tn.gov.in/judis a petition in Crl.M.P.No.5420 of 2022 seeking for condonation of delay of 1320 days in preferring criminal appeal. He further submitted that the reason for the delay of non filing of appeal in time is that due to curfew imposed by the government on account of Covid-19 pandemic and further the petitioner went to Kerala for taking treatment for paralysis, therefore, the petitioner was not able to approach the lower appellate court. But the learned appellate judge dismissed the petition filed to condone the delay on the ground that the petitioner has not shown sufficient reason for the delay and not filed any document to prove his illness.
5. Considered the arguments advanced on either side and perused the impugned order and entire materials available on record.
6. The fact reveals that the petitioner is an accused in C.C.No.174/2016 on the file of Judicial Magistrate (Fast Track Court), Kallakurichi. The respondent/complainant filed a complaint against the petitioner/accused for dishonour of cheque for the offence u/s.138 of NI https://www.mhc.tn.gov.in/judis Act. After trial, the trial court by its judgment dated 23.10.2018 convicted and sentenced the petitioner as stated above. Thereafter, his sentence got suspended by the trial court itself till 14.11.2018, but he had not approached the lower appellate court within the time as directed by the trial court and file an appeal. Since the petitioner/accused had not approached the appellate court, a non bailable warrant has been issued, pursuant to execution of the same, he was remanded to judicial custody on 17.4.2022 and since then, he has been in judicial custody. Admittedly, the petitioner has not filed any affidavit for condoning the delay before the lower appellate court and also not filed any medical records, in order to show that he was taking treatment for paralysis. It is a fact that the petitioner has preferred an appeal against his conviction imposed by the trial court. The learned counsel for the petitioner relied upon the decision of the Honourable Supreme court reported in the case of State of Odisha Vs. Suendra Munda [2020 16 SC page 443], wherein, it has been held as follows;