PADAM DEV Vs. ASHOK KUMAR

JUDGEMENT

(1.) Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying petiton is neither intentional nor deliberate, rather same has occurred on the account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 2 years, 9 months and 17 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered. The application stands disposed of. Criminal Revision No. 207 of 2021

(2.) Instant Criminal Revision petition filed under Sec. 397(1) read with Sec. 401 of the Code of Criminal Procedure, is directed against the judgment, dtd. 19/97/2017, passed by learned Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal 41 of 2016, affirming the judgment of conviction dtd. 12/8/2016 and order of sentence dtd. 19/8/2016, passed by learned Judicial Magistrate, 1st Class-IV, Mandi, District Mandi, H.P., in Complaint No.87-III/15/09, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for 15 days and to pay fine of Rs.15,000.00 to the complainant.

(3.) Precisely, the facts of the case as emerge from the record are that the respondent (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') in the Court of learned Judicial Magistrate, 1st Class-IV, Mandi, District Mandi, H.P., alleging therein that accused with a view to discharge his legal liability towards complainant issued cheque (Ex. CW1/A), amounting to Rs.10,000.00 on 4/8/2009 of account of No.0101070828 of Punjab National Bank, Branch Baggi, Tehsil Sadar, District Mandi, H.P. However, fact remains that aforesaid cheque on its presentation to the bank concerned was dishonoured on account of insufficient funds. Bank concerned returned the cheque vide memos Ex.CW1/B and Ex.CW1/C. After receipt of aforesaid memos, complainant issued legal notice dtd. 22/9/2009 Ex.CW1/D, whereby he called upon the accused to make the payment good within the period of 15 days after receipt of notice. Since accused failed to repay the amount within the time stipulated in the legal notice, complainant approached the competent court of law by way of complaint under Sec. 138 of the Act.