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2022 Supreme(P&H) 1786

VIKAS BAHL
Surinder Rai – Appellant
Versus
Mohd. Hasim – Respondent


Advocates appeared:
Mr.Manoj Chahal, Advocate, for the Appellant.

ORDER

Vikas Bahl, J. -

CRM-37931-2022

1. This is an application under Section 5 of the Limitation Act for condonation of delay of 51 days in filing the accompanying revision petition.

For the reasons stated in the application, the application is allowed and delay of 51 days in filing the accompanying revision petition is condoned.

CRR-2103-2022

Challenge in the present revision petition is to the judgment dated 25.01.2018 vide which the Judicial Magistrate Ist Class, Chandigarh, had convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (in short 'N.I.A.') and had sentenced the petitioner as under:-

    'The interest of justice would be met if the convict Surinder Rai is sentenced to undergo Rigorous Imprisonment for a period of One Year for commission of offence punishable under S.138 of Negotiable Instruments Act, 1881. Further ends of justice would be best served, if the convict is directed to pay compensation. The Hon'ble Supreme Court of India in Pankaj Bhai Patel Vs. State of Gujarat 2001(1) CCJ 119 has held that -the Magistrate has power to allow any sum as compensation under S.357(3) Cr.P.C. The convict is directed to pay compensation under section 357(3)

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