KAILASH MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the reasons stated in the application under Sec. 5 of the Limitation Act and after hearing learned counsel for the petitioner and the learned Public Prosecutor, the delay of 123 days in filing the revision petition, is condoned.

(2.) This revision petition has been filed by the petitioner against the judgment dtd. 2/11/2018 passed by the learned Special Judge (ST/SC) Act Cases, Bhilwara in Cr. Appeal No. 13/2017 (17/2017), by which the learned Judge dismissed the appeal and affirmed the judgment dtd. 11/5/2017 passed by the learned Special Judge (NI Act) Cases No. 1, Bhilwara in Cr. Case No. 1560/2015 (12/2016) whereby the learned Magistrate convicted the petitioner for offence under Sec. 138 of the NI Act and sentenced to undergo one year's simple imprisonment and to pay compensation in the sum of Rs.65,000.00.

(3.) Counsel for the petitioner submits that the petitioner and complainant-respondent No. 2 have entered into a compromise in the spirit of Lok Adalat and the respondent No. 2 has received all the amount from the petitioner and does not want to proceed in the matter, therefore, the sentence of imprisonment awarded to the petitioner may be set aside.