A plea filed after 898 days in a cheque bounce matter dismissed by Delhi HC
July 20, 2017The Delhi High Court has rejected a plea filed by a woman against a lower court’s decree in a claim for a cheque amounting to INR 3.96 lakh which was passed almost three years ago.
The woman claimed that she came to know about the impugned judgment passed by the lower court on 14.05.2015 whereas the judgment was passed in 2014. She was not informed by her lawyer instead she got to know when some officials visited her parenteral residence for executing the decree.
The appellant urged to court to condone the delay claiming that she did not contact her lawyer all this while since the lawyer assured her of best services.
Justice Valmiki J Mehta, observed that the application is absolutely vague and all that the application says is that the appellant/ defendant was assured by her advocate that she need not be bothered about the case. The appellant claims that she did not contact her advocate and it is stated in her reply that from 2012 till 14.05.2015 she was not in touch with her advocate. The court dismissed the claim saying that this is not practically possible.
Court said, “ No doubt a client is not in touch with her advocate for some reasonably long period of time of months but the period cannot extend for a period of three years. This is all the more because the appellant/ defendant is not an illiterate person and in fact the appellant/defendant is pursuing another criminal case against the respondent."
The court further noted that the woman had filed another application for setting aside an ex-parte decree dated September 9, 2014 which was dismissed in February 2017.
The court dismissed the woman’s appeal on merits. The high court noted that she had appeared initially in the trial court and filed a written statement but thereafter did not appear and hence the order was passed ex-parte on 6.08.2013.
The plaintiff moved his case by showing a cheque and other documents. The woman has also contended that she was living with the plaintiff who had given her false promise of marriage and taken her signed cheque book by deceit. After, she is being proceeded ex-parte she leads no evidence and respondent and appellant proves his case by leading evidence then no fault can be found with the impugned judgment and decree decreeing the suit.