Court Allows Appeal Delay Due to Medical Reasons, Sets 25% Compensation Deposit, Transfer to Expedite

The Appellate Court condoned the delay in filing the appeal due to medical reasons. The High Court upheld this decision. The High Court also allowed the appellant to deposit 25% of the compensation pending appeal, with a directive for payment within 60 days. The Court permitted the transfer of the Criminal Appeal to a different court for convenience, leaving the decision to the Principal District Judge, North Goa, with the aim of expeditious resolution within six months.

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Issues involved:
1. Challenge to two orders: one suspending the sentence without ordering compensation under Section 138 of the NI Act, and the other condoning the delay in filing the appeal.

Order dated 22.5.2023 - Delay Condoned:
The delay of 118 days in filing the appeal was condoned by the Appellate Court based on medical certificate evidence supporting the respondent's need for rest. The High Court found no reason to interfere with this decision, thereby sustaining the order.

Order dated 9.6.2023 - Payment Pending Appeal:
The High Court acknowledged the power of the Appellate Court under Section 148 of the NI Act to order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the Trial Court. The respondent, willing to deposit 25% of the compensation, agreed to pay Rs. 1,75,000 directly to the applicant, subject to the appeal outcome. The Court accepted this arrangement, directing the payment within 60 days and allowing the Criminal Revision Application with modifications to the impugned order.

Transfer of Criminal Appeal:
The applicant requested the transfer of the Criminal Appeal to a different court for convenience, as both parties resided in different areas. The High Court left this decision to the Principal District Judge, North Goa, expressing confidence in a sympathetic consideration based on merit. The Revision was partly allowed with a directive for expeditious resolution, preferably within six months.

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