MADAN GOPAL Vs. ASHOK KALRA

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limitation Act for condonation of 197 days delay in filing the revision against the judgment dated 11.9.2006 passed by learned Sessions Judge, Kangra at Dharamshala in Criminal case No.5-D/X-2006.

(2.) THE applicant / petitioner was convicted by learned Chief Judicial Magistrate, Kangra at Dharamshala on 16/17.1.2006 in Criminal case No.65-III/03 under Section 138 of the Negotiable Instruments Act, 1881 (hereafter referred to as 'the Act'). The applicant was sentenced till the rising of the Court and to pay a fine of Whether the reporters of the local papers may be allowed to see the Judgment? Yes Rs.60,000/- under Section 138 of the Act, in default of payment of fine, he was directed to undergo simple imprisonment for six months. Out of total fine of Rs.60,000/- if recovered, an amount of Rs.50,000/- was ordered to be paid to the complainant as compensation. The applicant filed an appeal against his conviction and sentence, which was dismissed by learned Sessions Judge on 11.9.2006.

(3.) THE certified copy of judgment was delivered to applicant on 30.9.2006. The applicant has filed some documents showing tests, cash memos, O.P.D. Card etc. of Mrs. Neelam. These documents are spread over from 19.8.2006 to 27.4.2007, most of these documents are with respect to purchase of medicines, tests, prescription slips etc. of Mrs.Neelam but in none of these documents it is recorded that wife of the applicant is bed ridden and she requires full time attendant to look after her. It is not the case of the applicant that during the illness of his wife the presence of applicant was required 24 hours. It is also not his case that no help was available to him during the illness of his wife and he was not in a position to move out even for 2/3 days for filing the revision. The applicant is resident of Hamirpur. The documents showing tests of the wife of applicant, purchase of medicines, O.P.D. Card etc, noticed above, are from Bhatinda, Hamirpur. This shows that wife of the applicant was not confined to bed and she was travelling from Hamirpur to Bhatinda and back. The last document which applicant has filed with the supplementary affidavit dated 30.8.2007 is dated 27.4.2007. The revision was filed by the applicant on 5.7.2007. The applicant has not explained the delay in not filing the revision from 27.4.2007 to