Kalulal Bhat vs Durga Salvi - 2021 Supreme(Raj) 1925

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2021 Supreme(Raj) 1925

DEVENDRA KACHHAWAHA
Kalulal Bhat – Appellant
Versus
Durga Salvi – Respondent

Advocates appeared:
Mr. G.S. Bhati, for the Appellant; Mr. Dashrath Singh, Complainant Mr. Gaurav Singh, P.P., for the Respondent.

ORDER

1. Heard learned counsel for the appellant on application under Section 5 of the Limitation Act.

2. As per office report, the instant appeal is barred by 653 days.

3. Having regard to the grounds set out in the application, I feel persuaded to accept the application.

4. Accordingly, same is allowed. Delay in filing the appeal is condoned.

5. With the consent of learned counsel for the parties, matter is heard and decided finally.

6. Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 13.06.2019, passed by Additional Sessions Judge No.5, Udaipur (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 16.02.2015, rendered by Special Judicial Magistrate (N.I. Act Cases) No.2, Udaipur (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 16.02.2015, indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of one year's simple imprisonment. Besides imprisonment, the learned trial Court has also ordered that accused-petitioner should pay compensation to the complainant to

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