VIKAS JAIN Vs. BALBIR SINGH

JUDGEMENT

(1.) Present revision petition is directed against the judgment of the JMIC, Chandigarh dated 04.09.2013, whereby the petitioner was convicted for a period of one year and to pay compensation of Rs.3,25,000/-, on account of the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. The cheque in question was for Rs.2,50,000/- which was dishonoured due to insufficient funds. Challenge has also been raised to the order passed by the Sessions Judge, Chandigarh dated 04.06.2014 in appeal wherein the only modification made was that the period of imprisonment of one year was reduced to nine months on account of the fact that the petitioner was facing trial since 2011. It was, in such circumstances, the application for condonation of delay of 2131 days in filing the present petition has also been filed, on account of the fact that the petitioner was in judicial custody since 12.12.2019.

(2.) It is pertinent to notice that counsel for the petitioner had not put in appearance before the Sessions Judge when his appeal was decided. For a period of more than 5 years petitioner remained out of reach and it was only when he was arrested in pursuance of the warrant of sentence having been executed, he has filed the present revision petition on 16.03.2020.

(3.) In the application for condonation of delay, no sufficient cause, as such, has been made out as to why the delay of 6 1/2 years was caused apart from the averments that petitioner was a poor person and was not having sufficient income. Once the petitioner had filed the appeal against the order of the JMIC, it was his bounden duty to keep a track of the said appeal and appear before the Lower Appellate Court and surrender once the appeal was decided against him. It was only on account of the sentence warrant having been executed, he has chosen to file the present revision petition.