JERRY DSOUZA Vs. JOAQUIM ANTONIO FERNANDES

JUDGEMENT

(1.) Criminal Miscellaneous Application No. 120/2021 is an application for condonation of delay of around 311 days in filing Criminal Miscellaneous Application No. 121/2021, which is an application to bring the legal heir of the applicant on record.

(2.) It appears that vide judgment and order dated 07.07.2014 passed by the learned JMFC in Case No. OA/33/2012/B, the deceased applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, for which, he was directed to undergo simple imprisonment for a period of one year and to pay compensation of Rs.10,25,000/- to the complainant and in default to undergo simple imprisonment for a period of two months. The said order dated 07.07.2014 was thereafter challenged by the deceased applicant before the learned Sessions Court in Criminal Appeal No. 97/2014, which was dismissed by the learned Sessions Court on 08.10.2015. Feeling aggrieved, the deceased applicant filed Criminal Revision Application No. 65/2016 before this Court, challenging the judgment and order dated 08.10.2015 passed by the learned Sessions Court, North Goa, Panaji.

(3.) It is submitted by Mr. Ganesh Naik, the learned Counsel for the applicant that the applicant, Jerry D'Souza expired on 28.02.2020 at Goa Medical College (GMC), Bambolim. It is submitted that due to the death of the applicant, the family of the applicant was under shock and sorrow state. Thereafter, due to COVID-19 pandemic and since there was lockdown, till December, 2020, the Counsel appearing on behalf of the applicant was not attending office. As such, the Advocate for the applicant was unaware of the death of the applicant. It is submitted that when Criminal Revision Application No. 65/2016 was listed for final hearing, the Advocate for the applicant tried to call the applicant, but failed. It is submitted that only when the Advocate for the applicant sent his office colleague to the residence of the applicant, he came to know that the applicant has expired. It is submitted that great prejudice and loss will be caused to the proposed legal heir, if the present application is not allowed. He, therefore, prays that delay of around 311 days in filing the application to bring the legal heir on record, be condoned.