MOHINDER DUTT SHARMA Vs. BHAGAT RAM

JUDGEMENT

(1.) These two applications one under Section 5 of the Limitation Act (Cr. M. P. (M) No. 417 of 2001) for condonation of delay in filing the other application to bring on record the legal representatives of the deceased respondent No. 1 (Cr. M. P. (M) No. 416 of 2001) have been filed by the applicant/petitioner (hereinafter referred to as "the petitioner") in Criminal Revision No. 104 of 2.

(2.) Briefly stated, facts leading to the filing of these applications are that respondent Bhagat Ram (since deceased) filed a complaint against the petitioner under S. 138/142 of the Negotiable Instruments Act ("hereafter referred to as the Act"). The learned trial Magistrate convicted the petitioner under Section 138 of the Act and sentenced to pay fine in the sum of Rs. 55,000.00 and in default of payment of fine to undergo rigorous imprisonment for three months and further directed that out of the fine imposed, a sum of Rs. 25,000.00 shall be paid to complainant Bhagat Ram.

(3.) Being aggrieved, the petitioner preferred an appeal in which said Bhagat Ram and State of Himachal Pradesh were arrayed as respondents. The appeal was dismissed by the learned Sessions Judge, Shimla. Hence, the revision by the petitioner. During the pendency of the criminal revision petition, said Bhagat Ram died, therefore, these two petitions have been filed by the petitioner.