LAWS(HPH)-2020-2-44

KAMAL DEV Vs. RAVINDER KUMAR

Decided On February 17, 2020
KAMAL DEV Appellant
V/S
RAVINDER KUMAR Respondents

JUDGEMENT

(1.) Heard.

(2.) I have gone through the contents of the application and I am satisfied that delay of 243 days in filing the revision is bonafide. As such, application is allowed and the delay in filing the revision, is condoned. The application stands disposed of. Revision be registered.

(3.) The facts of the case apposite to decide the present petition are that the accused issued a cheque in favour of complainant having No.128323 dated 2.2.2010 for Rs.2,50,000/- drawn on State Bank of Patiala, Hamirpur from his Bank Account No.55126072033 in lieu of debt taken by him from the complainant. Complainant presented this cheque for encashment. Cheque however got dishonoured due to insufficient funds in the account of accused person. The complainant issued the requisite notice to make up the deficiency of funds, but despite that the petitioner did not make the payment. Accordingly, the aforesaid complaint was filed by the complainant. The Trial Court convicted the accused under Section 138 of the N.I. Act and sentenced him to undergo simple imprisonment for one year and ordered to pay compensation amount of Rs. 3,20,000/- under Section 357 (3) of Cr.P.C.