LAWS(UTN)-2016-9-60

AVDHESH KUMAR Vs. STATE OF UTTARAKHAND & ANOTHER

Decided On September 17, 2016
AVDHESH KUMAR Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) Having heard learned counsel for the parties, it appears that the controversy pertains to the dishonouring of a Cheque worth rupees sixty thousand. So, on a complaint initiated by Iqbal Hussain, accused/revisionist Avdhesh Kumar was punished by the Judicial Magistrate, Khatima vide judgment and order dated 26.6.2014. He was directed to undergo one year imprisonment along with fine of rupees sixty five thousand, out of which, a sum of rupees sixty thousand (cheque amount) was directed to be paid to the complainant.

(2.) Assailing the said judgment, the appeal could be filed by the revisionist, herein, with inordinate delay, so the Sessions Judge has rejected the application moved under Section 5 of the Limitation Act, and as a consequence, the appeal was also dismissed, where-against the present revision has been preferred by the convict Avdhesh Kumar.

(3.) Application (CRMA 1513/16) has been moved before the Court in order to advert that the accused has compounded the controversy with the complainant Iqbal Hussain and the affidavits of Iqbal Hussain and Atul Kumar (convict's son) have also been filed before the Court since the convict is undergoing incarceration.