MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition is barred by limitation from 163 days. An application under Sec. 5 of the Limitation Act has been preferred. Having heard the submissions advanced by the learned Counsel for the petitioner explaining the delay and being satisfied with the same, the application under Sec. 5 of the Limitation Act is allowed and the delay in filing the revision petition is condoned.

(2.) By filing the instant criminal revision petition, the petitioner is challenging the judgment dtd. 9/4/2024 passed by the learned Additional Sessions Judge, Rajsamand in Criminal Appeal No. 35/2020 (CIS No. 39/2020) affirming the judgment dtd. 24/2/2020 passed by the learned Additional Chief Judicial Magistrate, Rajsamand in Criminal Regular Case No. 245/2014, whereby, the petitioner was convicted for the offence under Sec. 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment of six months and further ordered to pay fine of Rs.5,50,000.00 and in default of payment of fine, further to undergo simple imprisonment of 15 days.

(3.) Briefly stated, facts of the case are that the petitioner was prosecuted for committing an offence under Sec. 138 of the Negotiable Instruments Act. After completion of trial, he was found guilty and thus, was convicted and sentenced by the learned Trial Court. The judgment of conviction was assailed by the petitioner by way of filing a criminal appeal but the same has been dismissed vide judgment dtd. 9/4/2024, hence the present revision petition has been filed.