MD. SALIM Vs. SONU SINGH

JUDGEMENT

(1.) This is an application challenging a judgment and order dated 30.03.2016 passed by the Additional Sessions Judge, Fast Tract Court-III, Howrah, thereby dismissing the appeal being Criminal Appeal No.56/15 and affirming the order dated 10.04.2015 passed by the learned Judicial Magistrate, th Court, Howrah in case No.322C/2008 under Section 138 of the Negotiable Instruments Act. The revisional application is accompanied by an application under Section 5 of the Limitation Act praying for condonation of delay of 1319 days.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The explanation for the delay has been provided at paragraphs 7 and 8 of the application under Section 5 of the Limitation Act. It is the contention of the petitioner that he wanted to compound the offence and hand-over the money, but could not arrange for the same. That is why there was a delay in preferring the application. However, the petitioner could not arrange for the money even as of now.

(3.) Learned Counsel appearing on behalf of the complainant/opposite party submits as follows. There is no merit either in the revisional application or in the application for condonation of delay. No cogent reason has been cited for condonation of the huge delay of 1319 days in preferring this revision. The accused did not surrender to suffer the sentence for a long time. Nor did he pay the amount of compensation in question.