(1.) Delay Condonation Application has not been opposed. The delay of 117 days' in preferring the Revision is condoned.
(2.) Mohd. Shakeel alias Mohd. Tasleem, revisionist-accused was convicted for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 and he was sentenced to undergo imprisonment for a period of one year along with a fine of Rs.9,00,000.00 (Rupees nine lakh). Against the said judgment dtd. 5/2/2020, passed by learned Judicial Magistrate/Civil Judge, (Junior Division), Ramnagar, District Nainital, Trial Court, in Complaint Case No.307 of 2018, an Appeal (Criminal Appeal No.40 of 2020) was filed. The said Appeal has been dismissed vide judgment dtd. 4/9/2021, passed by learned Additional Sessions Judge, Ramnagar, District Nainital.
(3.) On 18/7/2023, respondent-complainant was present. Respondent no.2-complainant had submitted that he received entire amount from the revisionist and he does not want to proceed with the present matter.