SARANG Vs. ASHOK

JUDGEMENT

(1.) Heard the learned advocate for the petitioners.

(2.) The petitioners who are the accused in Summary Trial Case No.1061 of 2013 pending in the Court of Juridical Magistrate First Class, Bhokardan for the offence punishable under Section 138 of the Negotiable Instruments Act preferred a Criminal Revision under Section 397 of the Code of Criminal Procedure along with Criminal Misc. Application No.97 of 2018 before the Additional Sessions Judge, Jalna for condonation of delay of 04 years and 11 months caused in filing the revision. By the impugned order the learned Additional Sessions Judge rejected the application. Hence this writ petition.

(3.) The learned advocate for the petitioners submits that in fact the cheque in question was issued pursuant to a compromise arrived at during a Lok Adalat in respect of the case filed by the respondent no.2 for the offence punishable under Section 138 of the Negotiable Instruments Act. Therefore there was no legally enforceable debt since the cheque in present case was issued by the petitioner no.1 in the name of the respondent no.1. Therefore in view of the decision in the case of Lalit Kumar Sharma and another Vs. State of Uttar Pradesh and another; (2008) 5 SCC 638, the second complaint would not be maintainable. For this reason alone the process issued deserves to be quashed and set aside.