Bombay High Court

LALASAHEB ABASAHB PHARATEversusMAHESWAR MULTI STATE CO OPERATIVE CREDIT SOCIETY LTD. KASHTI THR. PAPPU KANTILAL VAIRAL AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court held that the delay was excusable and therefore condoned, setting aside the order rejecting the condonation application.

Summary

The applicant, Lalasaheb Pharate, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to six months imprisonment and a fine. He filed a criminal appeal but missed the filing deadline by six days, citing that he was accompanying his daughter to an agricultural college and was delayed by heavy storms. The Additional Sessions Judge rejected his application for condonation of delay, leading the applicant to file a criminal revision. The High Court examined whether the six‑day delay, caused by natural calamities and personal obligations, warranted condonation under Section 374 of the CrPC. Finding the reasons bona fide, the Court allowed the revision, set aside the lower court’s order, and directed registration of the appeal. Consequently, the appeal may now proceed in accordance with law.

Issues considered

Whether a six‑day delay in filing a criminal appeal under Section 374 CrPC can be condoned on the ground of natural calamities and personal circumstances.

Legislation cited

Code of Criminal Procedure — s. 374
Negotiable Instruments Act — s. 138

Subjects

criminal revision
condonation of delay
Section 138 NI Act
Section 374 CrPC
natural calamity
appeal

Judgment

2026:BHC-AUG:38439


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                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      50 CRIMINAL REVISION APPLICATION NO. 88 OF 2026

                             LALASAHEB ABASAHB PHARATE
                                        VERSUS
                 MAHESWAR MULTI STATE CO OPERATIVE CREDIT SOCIETY
                 LTD. KASHTI THR. PAPPU KANTILAL VAIRAL AND ANOTHER
                                                   …..
                 Mr D. B. Rode, Advocate for Applicant
                 Mr M. A. Aher, APP for Respondent No.2/State
                                                …..
                                         CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 24th AUGUST, 2026
                 P. C. :


                 1.          By this criminal revision application, the revision

                 applicant is challenging the order dated 13/02/2026, passed by the

                 learned Additional Sessions Judge-1, Shrigonda, Dist. Ahmednagar,

                 thereby rejecting the application bearing Criminal Misc. Application

                 No.50/2025 for condonation of delay of six days in preferring Criminal

                 Appeal under Section 374 of the Code of Criminal Procedure.


                 2.          Learned Advocate for the applicant submits that the

                 learned Sessions Court has decided the condonation of delay

                 application without considering the ingredients of the said application,

                 thereby dismissed the criminal appeal. According to learned Advocate

                 for the applicant Mr Rode, the applicant is convicted for the offence
                                                              88.26revn
                                   (2)

punishable under Section 138 of the Negotiable Instruments Act in

SCC No.468/2017         by the learned Judicial Magistrate First Class,

Shrigonda, Dist. Ahmednagar vide the impugned judgment and order

dated 14/08/2025, and sentenced to suffer simple imprisonment for six

months and to pay fine of RS.2,50,000/- to respondent No.1/Society, in

default of non-payment of fine, to suffer three months simple

imprisonment.


3.           Learned Advocate for the applicant states that, delay for

preferring criminal appeal is caused because daughter of the applicant

was taking education in Agricultural College, Vilad, and he was

accompanied with her during the period. He further submits that, at

that time, there was heavy storm and rain in the said area and due to

that reasons, he could not return to the village. Thus, the delay is

caused due to natural calamities and the same is not deliberate on his

part. Thus, he prays for condonation of delay by allowing of this

revision application.


4.           Respondent No.1/Society, though served, nobody is

present on its behalf before this Court.


5.           As the explanation submitted for causing delay in this

revision application is due to natural calamities and towards education
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                                   (3)

of applicant’s daughter, I am inclined to allow this revision application,

thereby condoning delay of six days and further quashing and setting

aside the impugned order 13/02/2026, passed by the learned Additional

Sessions Judge-1, Shrigonda, Dist. Ahmednagar.


6.           Thus, this Criminal Revision Application is allowed.

Learned Additional Sessions Judge-1, Shrigonda, Dist. Ahmednagar is

therefore directed to register Criminal Appeal and to decide the same

in accordance with law.


7.           This criminal revision is disposed of accordingly.




                                     [SUSHIL M. GHODESWAR, J.]
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