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Judgment
2/07.10.2026 I.A. No.12421 of 2026 has been filed for condonation of delay of 37 days occurred in preferring the instant revision petition.
Learned counsel for the petitioner submits that in preparation of filing the criminal revision petition such delay has occurred, and in view of that, the said delay may kindly be condoned.
Learned counsel for the respondent State submits that the delay is of 37 days and the matter is arising out of Section 138 of Negotiable Instrument Act.
In view of the averments made in the instant I.A and considering the submission of the learned counsel for the petitioner such delay is hereby condoned. The instant I.A meant for condonation of delay is allowed and disposed of.
I.A. No.12422 of 2026 has been filed for grant of bail to the petitioner.
Learned counsel for the petitioner submits that the matter is arising out of section 138 of Negotiable Instrument Act and the petitioner is in custody since 18.08.2026 and the petitioner has been convicted to undergo imprisonment for three months and to pay compensation of Rs.3,80,000/- under section 138 of Negotiable Instrument Act and the judgment of the Sub Divisional Magistrate passed in Complaint Case No.97 of 2023 has been affirmed by the learned appellate court in Cr. Appeal No.45 of 2025 by the judgment dated 20.4.2026. He also submits that the petitioner is ready to compromise the matter and in the aforesaid background, he submits that the petitioner may kindly be released on bail as half of the sentence has already been undergone by the petitioner.
In view of the above and considering that the matter is arising out of section 138 of Negotiable Instrument Act and conviction is for three months and the petitioner has already remained in custody for more than half of the sentence and is ready to compromise and in view of that I am inclined to grant bail to the petitioner, and as such, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of Sub-Divisional Judicial Magistrate, Pakur, in connection with Complaint Case No.97 of 2023, subject to the payment of Rs.40,000/- by the petitioner to the complainant at the time of furnishing bail bond.
The I.A. meant for grant of bail is allowed and disposed of.
Issue notice to the O.P No.2 by Speed post as well as under ordinary process for which requisites etc. must be filed within a week.
It is open to the petitioner as well as the OP No.2 that if they settled the matter, they may file an appropriate petition in the present criminal revision petition.
Let this matter appear after eight weeks.
In the meantime, call for the trial court records.