- (1.) O. R Jain, J. Mr. S. K. Srivastava is present for the revisionist and Sri Santosh Tripathi for the respondents No. 2 and 3.
(2.) THIS revision has been filed against the order dated 9-1-1998 by which an ap plication under Section 126 (2), Cr. P. C. has been dismissed by the Court below. An ex pane order under Section 125, Cr. P. C. was passed against the revisionist on 21-6-97. He filed an applica tion under Section 126 (2), Cr. P. C. on 13-8-97 i. e. within three months as provided under the law. The revisionist explained his ab sence on the ground that he remained ill from 27-4-1997 to 28-6- 1997. He also filed a medical certificate in support of the aver ment. The Court below has rejected the application on the ground that there is no explanation for the delay between 28-6-97 to 13-8-97.
(3.) THE learned Magistrate has taken a very harsh view. THE-application was filed within limitation and the reason for ab sence was explained. In view of the above the revision is allowed and it is ordered that in case the revisionist deposits Rs. 5,000 before the III Judicial Magistrate, Saharanpur within one month from today, the revisionist will be allowed to contest the case and proceedings under Section 125, Cr. P. C. will be decided on merits. It is stated by the revisionist that he has already deposited Rs. 3,900. If that is so, it will be adjusted against the sum of Rs. 5,000. Revision allowed. .;