Filing of crl.revision petition in hc - condonation of delay
GUVVA ANJANEYULU
(Querist) 18 November 2017
This query is : Resolved
Sir,
I have filed private case in cheque bounce case in CC No. 223 of 2010 before Hon'ble JMFC at Godavarikhani of Peddapalli Dist of Telangana State. The JMFC convicted the accused for one year imprisonment and compensation awarded Rs. 6 lakhs out of 10 lakhs. Accused filed Crl. Appeal No. 64/2013 before Dist session court. He did not attend the court till delivering the orders confirming the Judgment of lower JMFC. Now, he is in jail at Karimnagar. His wife filed Crl.Revision case before Hon'ble H C of AP&Telangan at Hyderabad condoning delay of 893 days. In this juncture whether the HC allows or dismiss the Crl.Revision MP. If allows or dismiss the MP by the HC, what is about my compensation amount of Rs. 6 lakhs and what is the remedy to me without filing civil suit as he has no assets else where
GUVVA ANJANEYULU
(Querist) 18 November 2017
Sir, are there any SC or HC citations for not allowing condonation dalay of 893 days. pl mention in order to submit me before the HC to defend the case in Crl.R.P No. 2616/2017
Rajendra K Goyal
(Expert) 18 November 2017
Citation / Judgment / reference cases / ruling / decided cases not provided. Your lawyer may find out.
Whether delay is condoned or not all depend on merit and court.
If the accused has no assets, recovery is difficult. You can try for his civil imprisonment for not paying decreed amount.
Dr J C Vashista
(Expert) 19 November 2017
I endorse the expert advise of Mr. Rajendra K Goyal.
High Court may or may not get convinced by the submissions of the petitioner with respect to condonation of delay. Generally it is very difficult to condone delay. However, let your lawyer do research work .
