Quick Summary: A co-operative society's appeal against the dismissal of a cheque bounce case is given a new opportunity as the High Court overturns the previous decision to dismiss due to a delay.
The Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd., a co-operative society, faced a problem when their complaint against Jagdish Jangid for a bounced cheque of Rs. 1,15,748 was dismissed. This happened because Jagdish Jangid did not show up, leading to a not-guilty verdict under a section of the Criminal Procedure Code on February 3, 2021.
On February 28, 2022, the society appealed against the dismissal. However, they were late by 362 days, which they blamed on the chaos caused by the COVID-19 pandemic. Unfortunately, the Additional Sessions Judge in Pusad turned down their request to excuse the delay on July 25, 2024, saying the reasons weren't good enough.
"The delay is not intentional or deliberate," argued Atmaram Vishabharao Jadhav's lawyer, stressing the impact of the pandemic.
When the case reached the High Court, Judge M. M. Nerlikar noted that the law doesn't set a time limit for victims to appeal under a specific section. The court recognized the pandemic's impact and found the previous court's decision too strict.
"The period of Covid-19 and the lockdown is a period which no one can forget," remarked Judge Nerlikar.
The High Court canceled the earlier decision, excusing the delay and allowing the appeal to move forward based on its merits. The case is now back on track, giving Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd. another chance to seek justice.
