SITARAM Vs. RAMESHCHANDRA

JUDGEMENT

(1.) This petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against judgment and order dtd. 01/05/2017 passed by 9th Additional Sessions Judge, Ujjain, District Ujjain, in Criminal Appeal No. 239/2016 whereby, judgment dtd. 17/05/2016 rendered by the Judicial Magistrate First Class, Tarana, District Ujjain, in Criminal Case No.613/2014, convicting the appellant under sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') has been maintained and applicant has been directed to suffer 6 months R.I. and to pay a compensation of Rs.50,000.00 to the respondent.

(2.) Heard learned counsel for the parties on IA No. 19643/2017, an application under Sec. 5 of the Limitation Act for condonation of delay of 71 days in preferring this revision petition. On due consideration of the reasons assigned in the application, which is supported with affidavit, sufficient ground is made out to condone the delay. Accordingly, IA No. 19643/2017 is allowed and delay of 71 days in filing this revision petition is hereby condoned.

(3.) The applicant, on the basis of criminal complaint preferred by the respondent, were tried for an offence under Sec. 138 of 'the Act' with regard to dishonour of a cheque for a sum of Rs.40,000.00. The learned trial Court, on the basis of evidence adduced before it, found the applicant guilty and was sentenced to undergo 6 months RI. Apart this the applicant was directed to pay Rs.50,000.00 as compensation to the respondent under Sec. 357 of 'the Code'. The appeal preferred against the conviction and sentence was dismissed, vide the impugned judgment, as stated above.