No. 2/11.03.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Bibhas Mondal, the Ld. Advocate and Respondent through Mr. Utpal Basu Mallick, the Ld. Advocate are present.

This appeal has been filed out of time by about a year.  The impugned judgement was passed on 15.01.2010.  It has been stated in the above application that after the judgement was delivered the Appellant fell ill and could not contact his Ld. Advocate till the middle of March, 2010.  No document has been furnished along with this petition for condonation of delay to show the illness of the Appellant.  It has further been stated that in the month of March, 2010 when the Appellant met his Ld. Advocate and after knowing the fate of the complaint case wanted to comply with the order by making payment and, therefore, forwarded a cheque of Rs.25,000/- along with a forwarding letter dated 08.03.2010.  Even the said letter has also not been annexed.  It has also been stated by the Appellant that the said cheque was not encashed by the Complainant – Respondent for which he was advised by the Ld. Advocate to prefer this appeal before the State Commission.  No document has also been produced to show that the said cheque was returned to the Appellant and to support such statements.   In the absence of such materials the averments as made in the above application for condonation of delay cannot be relied upon.  We, therefore, do not find any substance in the explanation given for the delay in filing this appeal beyond the prescribed period of limitation.  The delay in filing this appeal accordingly is not condoned.  The petition for condonation of delay is dismissed on merit.  The appeal stands dismissed being barred by limitation.