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2023 Supreme(P&H) 31

DEEPAK GUPTA
Manoj Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Himanshu Puri, Advocate, R.S. Khaira, Advocate, Ishan Gupta, Advocate, Gagandeep Singh, Advocate

JUDGMENT

Deepak Gupta, J. -

CRM-32584-2016

1. This application under Section 5 of the Limitation Act is for condoning the delay of 372 days in filing the present revision.

Heard.

Considering the grounds mentioned in the application supported by the affidavit of the petitioner Manoj, the application is allowed. Delay of 372 days in filing the revision is condoned.

CRR-3806-2016

This revision is directed against order dated 02.07.2015 passed by learned Additional Sessions Judge, Sangrur, whereby petitioner-accused has been directed to pay compensation of Rs. 2,00,000/- under Section 357(3) of the Cr.P.C. to respondent No.2-complainant; and in default of payment of the same, to undergo rigorous imprisonment for a period of 4 months.

2. On perusal of the paper-book, it is revealed that cheque dated 14.06.2011 for an amount of Rs. 10,30,940/- issued by the petitioner-accused Manoj Kumar in favour of complainant-respondent No.2 Rajiv Kumar Jain, was dishonoured due to 'insufficient funds' in the account of the accused. After making compliance of the statutory requirements, complaint was filed, in which after holding necessary trial, conviction under Section 138 of the Negotiable Instruments Act

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