ATAL SHARMA Vs. BALBIR SINGH CHAUHAN

JUDGEMENT

(1.) This criminal revision is filed against the judgment and order dtd. 6/1/2024 passed by learned 1st Additional Sessions Judge, Rishikesh in Criminal Appeal No.33/2021 'Atal Sharma vs. State of Uttarakhand and another' as well as the judgment/order dtd. 25/2/2021 passed by learned Judicial Magistrate/Civil Judge (Junior Division), Rishikesh in Criminal Complaint No. 334 of 2015, whereby the revisionist has been convicted under Sec. 138 of Negotiable Instruments Act 1881 and has been sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.12,05,000.00 out of the fine amount Rs.12,00,000.00 will have to be given as compensation to the respondent/complainant and Rs.5,000.00 fine will have to be paid into the Government account with default stipulation of additional two months simple imprisonment.

(2.) As per the report of the Registry, there is a delay of 238 days in filing the present revision. An application for condonation of delay, supported by an affidavit, has been filed with the averments that the delay of 238 days occurred due to the reasons that during the pendency of the appeal filed by the revisionist, the respondent/complainant has expired on 20/3/2021 and subsequently when the legal representatives of the deceased were contacted the revisionist then they became aware of the factum of settlement between the complainant and revisionist, therefore, the delay in filing the present revision be condoned.

(3.) Learned counsel for respondent has no objection to the grant of application for condonation of delay.