A.Jaffar Ali v. R.Prabu

in Crl.R.C.Sr.No.40185 of 2022 P.VELMURUGAN, J.

This miscellaneous petition has been filed to condone the delay of 72 days in filing the above revision against the judgment dated 18.08.2021 in Crl.A.No.59 of 2019 on the file of the III Additional District Judge, Salem and confirming the order of the learned Judicial Magistrate (Fast Track Court), Attur made in STC.No.87 of 2018 dated 06.10.2018.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and was imposed with a fine of Rs.1,80,000/-, in default, to undergo simple imprisonment for four months. Challenging the said judgment, the petitioner has filed the petition to condone the delay of 72 days in filing the above revision case.

4. The offence under Section 138 of Negotiable Instruments Act, 1881 is a compoundable offence. Therefore, in order to accept the compoundable offence, it is necessary for the petitioner/accused to deposit the cheque amount. Hence, the petitioner is directed to deposit the cheque amount of Rs.1,80,000/- to the credit of Crl.M.P.No.13886 of 2022 before the Registry on or before 23.09.2022. On such deposit, the delay should be condoned, failing which, the petition shall dismissed automatically without any further reference to this Court.

5.List the matter on 26.09.2022 ''for reporting compliance''. 06.09.2022 ms

P.VELMURUGAN, J.

ms in Crl.R.C.Sr.No.40185 of 2022 06.09.2022