TaxTMI 
TaxTMI 
2011 (8) TMI 1350
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....o. 1 filed above criminal case against the applicant herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881( "the Act" for short). Respondent no. 1 claimed that applicant/accused had issued a cheque for Rs. 4,80,000/-dated 30.11.2005 in his favour which was dishonoured. The learned Judicial Magistrate, First Class at Vasco-Da-Gama by Judgment and order dated 10.11.2010 held accused guilty for the offence punishable under Section 138 of the Act and sentenced him to undergo simple imprisonment for one year and to pay compensation of Rs. 8,00,000/-to the complainant within a period of one month and in case of failure to pay compensation to the complainant, ordered to undergo simple imprisonment for a further period of one year. 3. The accused was not present on the date of the Judgment since he was undergoing sentence in another case in which he was also convicted under Section 138 of the Act. 4. On 28.4.2011 the applicant herein preferred an appeal alongwith application seeking condonation of delay of four months and twelve days bearing Criminal Miscellaneous Application no. 20/2011 before Sessions Judge, South Goa, Margao, which was made ov....
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....sought his exemption on the ground that he was admitted to Gurukrupa Nursing Home at Karwar with chest pain with hypertension on 5.7.2011. The applicant had already placed on record his affidavit dated 5.7.2011 which was sworn before Notary at Vasco-Da-Gama. Since the certificate issued by doctor from Gurukrupa Nursing Home at Karwar was suspicious and appeared to have been fabricated, bailable warrant was issued against the applicant returnable on 23.7.2011. On 23.7.2011, advocate Naik appearing on behalf of the applicant expressed his inability to argue the matter on behalf of the applicant. Accordingly, matter was adjourned subject to payment of costs. On 25.7.2011, Advocate Mr. Shivan Desai, appeared for the applicant and sought time and accordingly matter was taken up on 26.7.2011. 7. Mr. Desai, learned Advocate appearing for the applicant submitted that learned Assistant Sessions Judge, has erred in dismissing the application for condonation of delay and learned Judge ought to have accepted the cause shown by the applicant which was not denied by respondent no. 1 herein by filing an affidavit. According to learned advocate, delay was not intentional and serious prejudice w....
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.... doctor was placed on record. I find it extremely difficult to place any reliance upon both the certificates. It is pertinent to note that in certificate dated 18.6.2011, doctor Shrisha Kumar claims that the earlier certificate was issued as per the request made by wife of the applicant on phone. In the affidavit filed by Mrs. Poonam Rao wife of the applicant she claims that after her husband was arrested on 26.4.2011 she gave call to Mr. Cliffered Lobo, a family friend of her husband and asked him to get a certificate from doctor Shrisha Kumar and accordingly Mr. Cliffered Lobo got the certificate. The statement made by Mrs. Poonam Rao is contrary to the statement made in the certificate dated 18.6.2011. Moreover, the applicant relied upon certificate dated 5.7.2011 issued by Gurukrupa Nursing Home at Karwar to the effect that the applicant was admitted to the hospital with chest pain with hypertension and he was advised bed rest for a period of one week. It is pertinent to note that on 6.7.2011 the applicant filed affidavit dated 5.7.2011 sworn before notary advocate Rajkumar Naik from Murmugoa. It is difficult to believe that the applicant who was admittedly at Vasco-da-Gama on ....
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....thos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of fact in the Court proceedings. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure foundation of justice with tainted hands, is not entitled to any relief, interim or final. 15. Mr. Desai, learned Counsel for the applicant, after placing reliance upon two judgments delivered by learned Single Judge of this Court, has submitted that the term "sufficient cause" has to be liberally construed, more particularly while condoning the delay in filing an appeal against judgment and order of conviction. However, at the same time the fact remains that the party who comes to the court with suppression of the facts, canno....