PRAKASH DHAKAD Vs. RAKESH DHAKAD

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the judgment dated 14.9.2017 passed by 9th ASJ, Gwalior in Criminal Appeal No.560/2016 by which the appeal filed by the applicant against the judgment dated 7.10.2016 passed by JMFC, Gwalior in Criminal Complaint Case No.2490/2015, has been dismissed.

(2.) The applicant was tried for an offence under Section 138 of Negotiable Instruments Act, and has been convicted and was directed to pay compensation of an amount of Rs.1,67,000/- to the respondent with default imprisonment I.A.No.2064/2018 has been filed under Section 5 of Limitation Act seeking condonation of delay in filing this revision.

(3.) It is mentioned in the application that since the applicant was not aware of the outcome of the appeal filed by him and even his counsel did not inform him about the outcome of the appeal, therefore, he could not file the revision within time. It is further submitted that in execution of the arrest warrant, the applicant has now been arrested on 6.3.2018 and, therefore, delay in filing the revision may be condoned.