Khube Ram Vs. Santosh Kumar Cr.MP(M) No.1509 of 2025 Reserved on: 16.07.2025 28.07.2025 Present: Mr. Ashwani K. Sharma, Advocate, for the petitioner. Ms. Dhanwanti, Advocate, for the respondent. Cr. MP(M) No.1509 of 2025 The applicant/petitioner has filed the present application for condonation of 266 days’ delay in filing the petition. It has been asserted that the applicant/petitioner is working as a Labourer. He is suffering from 86% hearing impairment, and a certificate to this effect was issued by the Medical Board. A blank security check was taken from him. He was told by his counsel that 25% of the cheque amount would be required to file the revision petition. The applicant/petitioner was unable to arrange the money. He was arrested on 30.04.2025. The applicant’s/petitioner’s relatives collected ₹20-25,000/- and filed the present petition. There is a delay of 266 days in filing the present revision. Hence, the application. 2. Ms. Dhanwanti, Advocate, filed memo of appearance on behalf of the respondent. She stated that she does not want to file any reply, on behalf of the respondent to the application. 3. I have heard Mr. Ashwani K. Sharma, learned counsel, for the applicant/petitioner and Ms. Dhanwanti, learned counsel, for the respondent/complainant. 4. Mr. Ashwani K. Sharma, learned counsel for the applicant/petitioner, submitted that the applicant/petitioner was unable to arrange the money to engage a counsel and make a deposit in terms of Section 143A of the NI Act. His relatives contributed the funds, and the applicant/petitioner could engage counsel thereafter. The delay was not intentional; hence, he prayed that the present application be allowed and the delay in filing the revision be condoned. 5. Ms. Dhanwanti, learned counsel, submitted that the applicant/petitioner has failed to assign any reason for the condonation of delay. The plea taken by the applicant/petitioner that he is poor is not supported by the petitioner’s conduct, as he never applied for Legal Aid; therefore, she prayed that the present application be dismissed. 6. I have given considerable thought to the submissions made at the bar and have gone through the records of the case carefully. 7. The plea of the applicant/petitioner that he was unable to arrange the money to engage a counsel and make a deposit as per Section 143A of the NI Act is duly supported by an affidavit. No counter affidavit was filed on behalf of the respondent/complainant to show that the averments in the application are incorrect. Further, the copy of the Disability Certificate shows that the petitioner has diminished hearing and was assessed as 86% hearing disabled. This certificate also shows that the hearing of the applicant/petitioner is severely compromised, and his plea that he is unable to make a living has to be accepted as correct. 8. A person cannot be penalised for being poor. He has a right to project his version before the Court, and this right cannot be taken away because he is unable to engage counsel or deposit the amount as per Section 143A of the NI Act. 9. Consequently, the present application is allowed, and the delay 266 days in filing the revision petition is ordered to be condoned. The present application stands disposed of. CRR No.5623 of 2025 In view of order passed in Cr.MP(M) No.1509 of 2025, the delay in filing the revision has been condoned. Revision be registered. Let records of the learned Courts below be requisitioned and the matter be listed on receipts of the records. (Rakesh Kainthla) Judge 28th July, 2025 (Shamsh Tabrez)