NARESH KUMAR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties on the delay condonation application and perused the records. The reasons assigned for, delay in filing the revision appears to be bona fide. The delay in filing the criminal revision is hereby condoned.

(2.) Accordingly, the delay condonation application is allowed.

(3.) This revision arising out of proceedings under Sec. 138 of Negotiable Instrument Act. The allegation in the complaint was that the complainant had given a loan of Rs. 5,85,000/ - (Rupees Five Lakh and eighty five lakh only) to the accused/revisionist, which he did not return in spite of reminders. On 17.11.2012, the revisionist had given a cheque to the complainant for a sum of Rs. 5,85,000/ - (Rupees Five Lakh and eighty five lakh only), which was dishonoured. Consequently, the complainant filed a complaint against the revisionist/accused. Thereafter, the accused was convicted and sentenced under Sec. 138 of Negotiable Instrument Act and awarded to undergo R.I. for one year and further a fine of Rs. 5,90,000/ - (Rupees Five lakh and ninety lakh only) by the Judicial Magistrate, Ramnagar, Nainital vide order dated 24.03.2014. Aggrieved by the said order the revisionist preferred an appeal before the 1st Additional District & Sessions Judge, Nainital, which was dismissed vide order dated 24.04.2015. Hence the present revision before this Court.