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Judgment
K.Babu, J
Crl.M.A.No.1/2024
This is a petition to condone the delay of 661 days in filing petition seeking leave to file appeal against the judgment dated 30.09.2021 passed by the Judicial First Class Magistrate Court-II, Tirur, in S.T.No.83/2020.
The petitioner is the complainant. Respondent No.1 is the accused. The petitioner filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act against respondent No.1. Respondent No.1 was acquitted for the reason that the petitioner failed to appear before the Court.
The impugned judgment was passed on 30.09.2021. The learned counsel submitted that the petitioner remained in judicial custody from August, 2021 to 04.12.2021. The impugned judgment acquitting respondent No.1 was passed while the petitioner was in jail. The case of the petitioner is that he had entrusted a lawyer by name P.K. Mohammed Shafi, to file the petition seeking leave to appeal. The petitioner was on the bonafide belief that Adv. Mohammed Shafi had filed the petition seeking leave to appeal. The submission of the petitioner is that only in January, 2024, he came to know the fact that the petition seeking leave was not filed by the lawyer with whom the case was entrusted.
The learned counsel for the petitioner submits that the petitioner filed copy application on 19.01.2024, stamp papers were produced on 27.01.2024 and the copy of the judgment was delivered on the same day. The learned counsel submitted that the period from 15.03.2020 to 28.02.2022 is excluded from the period of limitation due to Covid-19 pandemic.
The learned counsel for respondent No.1 filed a counter stating that there is no bonafides in the pleading that laches on the part of the counsel appointed by him resulted in causing the inordinate delay.
The petitioner relies on Annexrue-A1 Whatsapp chats between himself and the Counsel in support of his contention. I have gone through the materials placed before the Court. The petitioner/appellant has established sufficient cause for condoning the delay. Hence the delay of 661 days in fling the petition is condoned.
Crl.L.P.
Leave granted.