Medical evidence establishing bed rest during limitation warrants condonation of delay in filing an appeal.

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the trial court convicted and sentenced the revisionist on 15 July 2025.

The revisionist’s appeal was accompanied by an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 56-day delay and supported by medical documents.

The Sessions Court rejected the application and dismissed the appeal.

The revisionist challenged that order, contending that illness had prevented timely filing.

The High Court noted that a medical certificate dated 4 October 2025 advised bed rest from 2 August to 3 October 2025, and that the appeal had been filed on 8 October 2025.

1. Whether the Sessions Court erred in rejecting the application to condone the delay in filing the criminal appeal, despite the medical certificate advising bed rest during the relevant period.

2. Whether the delay should be condoned so that the appeal could be decided on its merits.

The revision was brought under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Court considered Section 5 of the Limitation Act, 1963, under which delay may be condoned where sufficient cause is shown.

It also applied the principles that cases should, where appropriate, be decided on their merits rather than dismissed on mere technicalities, and that delay may be compensated by costs.

No precedent was cited.

The medical certificate supported the revisionist’s explanation that he had been advised bed rest from 2 August to 3 October 2025, a period overlapping with the time for filing the appeal.

Since the appeal was filed on 8 October 2025, the Court considered the delay insufficient grounds for shutting out the appeal, and found the Sessions Court’s rejection of the condonation application erroneous.

The Court therefore concluded that the delay deserved to be condoned so the appeal could be considered on its merits.

It allowed that application, condoned the delay, and directed the Sessions Court to register the criminal appeal and decide it on its merits in accordance with law.