Court Imposes Costs in Delayed Written Statement Filing.
05 July 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
In a recent legal development, a case before the Trial Court has stirred debate over procedural adherence and the consequences of delay in filing crucial legal documents.
The case, involving a petitioner who is the defendant in the matter, began with the petitioner being served on 6th February 2024. However, when the Trial Court convened on 16th April 2024, the defendant failed to appear, citing technical issues with the video-conferencing system. Consequently, the court deferred any adverse actions due to the non-appearance.
Upon the defendant's subsequent appearance on 2nd May 2024, a request was made for an adjournment to file a written statement. The Trial Court, in its scrutiny of the case, noted that the defendant had not filed the written statement within the initial 30-day period after service, nor had they applied for an extension of this deadline.
As a result, on 2nd May 2024, the Trial Court granted the defendant a week to file the written statement but imposed a significant cost of Rs. 50,000. This decision was grounded in the court's observation that the defendant had failed to provide sufficient justification for the delay in filing the statement within the prescribed time frame.
In response, the petitioner challenged this order, primarily contesting the quantum of the imposed cost. The petitioner's counsel argued that considering the written statement was ultimately filed within the extended period of 120 days, the Rs. 50,000 penalty was excessive.
The proceedings advanced further when, on 4th June 2024, the defendant submitted the written statement along with an application under Section 5 of the Limitation Act, seeking condonation of the delay. However, as of the latest update, the application remains pending adjudication before the Trial Court.
In a recent development, the petition challenging the cost imposition was resolved with a modification. The court reduced the penalty from Rs. 50,000 to Rs. 25,000, taking into account the defendant's eventual compliance with filing the written statement. This reduction signifies a middle ground between penalizing procedural lapses and acknowledging the eventual fulfilment of legal obligations.
Looking ahead, the court directed the defendant to pay the reduced cost of Rs. 25,000 at the next scheduled hearing before the Trial Court. This directive underscores the importance of procedural discipline while tempering penalties with considerations of eventual compliance.