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TMI Blog2020 (8) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... hope to succeed in it. He has already undergone a major part of the sentence. He has no amount to offer for payment to the complainant. He has already applied before the competent Court seeking a declaration to be bankrupt, therefore, even if the delay is condoned, there would be a chance of success in this Revision on merit - The Tehsildar, Anjad has initiated proceeding for attachment and auction sale of his house No.15, M.G. Road, Anjad for recovery of ₹ 19,55,000/- for payment of the fine amount already imposed in five cases filed against him under Section 138 of the Negotiable Instruments Act, thus, there are no ground to condone the delay and admit this Revision for final argument. Revision dismissed. - Cr. R. No. 898/2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of judgment, therefore, there is no valid explanation for the delay, hence, the same is not liable to be condoned. 8. Learned counsel for the applicant submits that applicant has a good prima facie case and he hopes to succeed, therefore, in the interest of justice, the delay in filing the Revision may kindly be condoned. In order to examine the prima facie case in favour of the applicant, it is necessary to examine facts of the case which are as under:- 9. The respondent being the complainant filed a complaint under Section 138 of the Negotiable Instruments Act against the present applicant contending that both had family terms. Applicant/accused is a proprietor of PMT Auto International and in order to run the business and maintain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cement of the judgment, the applicant was not present in the Court and later on he surrendered himself before the J.M.F.C. On 29.08.2019 and sent to the judicial custody. The applicant has completed the jail sentence of six months and he is going to complete the remaining jail sentence i.e. six months in place of payment of fine, therefore, no useful purpose would be served to condone the delay as the applicant is neither having a good prima facie case nor hope to succeed in it. He has already undergone a major part of the sentence. He has no amount to offer for payment to the complainant. He has already applied before the competent Court seeking a declaration to be bankrupt, therefore, even if the delay is condoned, there would be a chance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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