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2025 DAILYLAW 16412 (UTT)

HARVINDER SINGH SAINI v. SUBHASH CHAND GOYAL

CRLR/261/2025 · 2025-11-19

Ashish Naithani

body2025

Judgment text

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2025:UHC:10374 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL (Delay Condonation Appl. No.01 of 2025) In Criminal Revision No.261 of 2025 Harvinder Singh Saini ....Revisionist (In Jail) Versus Subhash Chand Goyal ...Respondent Presence: Ms. Rajni Rangwal, learned counsel holding brief of Mr. Pawan Mishra, learned counsel for the Revisionist. Mr. Rajat Mittal, learned counsel for the respondent. Hon’ble Ashish Naithani, J. The Court has perused the record in the above-captioned matter, including the application for condonation of delay filed by the petitioner for seeking the present criminal revision. 2. It is apparent that there is a delay of 1428 days (approximately three years and eleven months) in filing the criminal revision. The petitioner has offered no acceptable reason for such delay, nor has any compelling explanation been placed on record for this period of inaction. 3. As the matter relates to proceedings under the Negotiable Instruments Act, 1881 (the “NI Act”), the Court notes that the limitation period prescribed for initiating complaints under Section 138/142 read with the NI Act is of a short statutory duration. The Supreme Court of India has held that where a statute prescribes a mandatory time‐limit, courts cannot dispense with the requirement of 1 Criminal Revision No.261 of 2025-----Harvinder Singh Saini vs. Subhash Chand Goyal Ashish Naithani J. 2025:UHC:10374 a formal application for condonation of delay unless a satisfactory explanation is on record. 4. In the present case the petitioner’s delay of nearly four years is grossly in excess of any permissible outer limit in NI Act proceedings, and yet no credible justification has been advanced. Under such circumstances, granting condonation of delay would undermine the legislated time-scheme of the NI Act and would prejudice the interests of fairness, due process and finality. 5. Accordingly, this Court is of the view that the application for condonation of delay must be rejected; the revision petition stands hopelessly time-barred and cannot be entertained in the absence of condonation. In these premises the revision cannot proceed further. Ashish Naithani, J. 19.11.2025 Arti 2 Criminal Revision No.261 of 2025-----Harvinder Singh Saini vs. Subhash Chand Goyal Ashish Naithani J.