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Judgment
14 paragraphs · 339 wordsAlok Kumar Verma, J
Revisionist-accused Sanjay Malik was convicted and sentenced to undergo imprisonment for a period of one year along with a fine of Rs. 1,75,000/- under Section 138 of the Negotiable Instruments Act, 1881.
Against the said judgment dated 19.10.2016, passed by learned Judicial Magistrate/Ist Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar in Complaint Case No. 2148 of 2014, an Appeal (Criminal Appeal No.194 of 2016) was filed. The said Appeal has been dismissed vide judgment dated 26.11.2022, passed by learned IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar.
Proposed Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 146 days’ in preferring the Revision.
The said Delay Condonation Application has not been opposed by the respondent no.2.
Perused and gone through the record.
In the interest of justice, Delay Condonation Application (IA No.01 of 2023) is allowed. The delay of 146 days’ is condoned.
Mr. Vinay Kumar Chauhan, Advocate, submits that the revisionist undertakes to deposit/pay to the respondent no.2 50% of the fine amount, as imposed by the Trial Court, within two weeks’ from the date of his release on bail, and, he is ready to compromise with the respondent no.2.
Admit.
Heard on the Bail Application (IA No. 2 of 2023).
Mr. Vinay Kumar Chauhan, Advocate, has submitted that revisionist was on bail during the trial and appeal, and, the conditions of bail were neither misused nor violated by him.
Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Sanjay Malik.
Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Trial Court.
At the request of both the parties, the present Revision is referred to the National Lok Adalat, which is scheduled to be held on 09.09.2023.