HASMUKHSINH KISHORSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Sanjay Prajapati, learned advocate for the applicant states that the applicant is in jail serving the sentence under Sec. 138 of the N.I. Act, and he proposes to challenge the order of concurrent finding of conviction and sentence under Sec. 138 of the N.I. Act, but since he is in jail, he could not timely receive the legal assistance and only after the assistance of the family members, the present revision application has been filed.

(2.) Advocate Mr. Prajapati further stated that the family members have totally paid the amount to the complainant, and therefore a settlement has been arrived at and the complainant has willingly accepted the money and has given his consent to compound the offence.

(3.) Taking into consideration the fact that the applicant is in jail and could not prefer the revision application within time limit and as the delay has been sufficiently explained, the application is allowed. The delay of 113 days caused in filing the revision application is condoned.