LAWS(GJH)-2018-9-51

LEGAL HEIRS OF DECEASED HIRABEN Vs. ASHISH PRAFFULBHAI

Decided On September 04, 2018
Legal Heirs Of Deceased Hiraben Appellant
V/S
Ashish Praffulbhai Respondents

JUDGEMENT

(1.) The present Criminal Misc. Application is for condonation of delay of 1371 days caused in filing the Criminal Appeal under section 341 of the Code of Criminal Procedure, 1973 (for short "the Code") against the order dated 12.09.2013 passed below Exh. 31 by the Small Causes Court No.12, Ahmedabad in Civil Misc. Application No.75 of 2007.

(2.) Learned advocate Mrs. Nasrin Shaikh for the applicants submit that the delay is caused bonafide as the applicants are illiterate and poor persons and at the relevant time were facing financial crisis and therefore, could not rush immediately to this Court. Learned advocate for the applicants submit that this being a sufficient cause, delay caused in preferring the appeal may be construed liberally.

(3.) It is further submitted that the applicants have a very good case on merits and its a case where the applicants have made an application before the Court concerned for initiating criminal proceedings under Section 344 of the Code committing offence with regards to certified documents which are produced before the Court. Learned advocate for the applicants also submitted that the impugned order passed below Exh.31 is also erroneous as the Court has not taken into consideration the provisions of Section 195(1)(b)(ii) and therefore, she took this Court to the provisions of law to argue Act on the part of the respondents, is clearly covered under Section 195 of the Code for which proceedings under Section 340 of the Code shall be maintainable.