DINESH KUMAR Vs. NEERAJ JAIN

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this criminal revision has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

(2.) Heard on LA. No. 19130/2020, an application for condonation of delay.

(3.) In the trial Court the applicant has engaged a counsel for contesting his case, but due to reasons best known to him he did not appear there and regarding his non-appearance there was no information to the applicant. Therefore, the applicant could not take suitable steps in that regard. Due to non-appearance of the counsel and the applicant before the trial Court, the learned trial Court has got a counsel engaged for the applicant from the Legal Aid who contested the case before the trial Court but this fact was also not within the knowledge of the applicant till the judgment was rendered by the trial Court. It was only when the police authority arrested the applicant it was came to the knowledge of the applicant that he was arrested in the case under Section 138 of the N.I. Act and immediately there after they applied for obtaining the copy of the judgment on 12.10.2020 and thereafter on 14.10.2020 the revision petition was got drafted and filed before the court on 15.10.2020. The delay occurred in filing the criminal revision is based on bonafides and there was no malafide on the part of the applicant as due to the fault on the part of the counsel he could not appear before the trial Court and as the information in this regard was not available with the applicant, therefore, he could not arrange for counsel there.