CRLR No. 116 of 2010 Hon. Prafulla C. Pant, J. Mr. K.S. Verma, Advocate, present for the revisionist. Delay Condonation Application No. 585 of 2010 is allowed. The delay in filing the revision is condoned. Heard. This revision is directed against the order dated 28.10.2009, passed by Sessions Judge, Uttarkashi, in Criminal Appeal No. 19 of 2009, which was dismissed in limine. Learned counsel for the revisionist submitted that the appeal against conviction was the right of the convict. Perusal of the order dated 30th of April 2009, passed by Judicial Magistrate, Purola, shows that the revisionist Pralahad Singh was convicted under Section 138 of the Negotiable Instruments Act, 1881, in Criminal Case No. 145 of 2007, and sentenced to imprisonment for a period of one month, and also directed to pay fine of Rs. 5,000/-, in default of payment of which the convict was directed to undergo further 15 days simple imprisonment. It is pleaded on behalf of the revisionist that though the revisionist has already undergone the period of one month in jail, but still his right of appeal is not lost. Having heard learned counsel for the revisionist and after going through the paper on record, this Court is of the view that learned Sessions Judge, Uttarkashi, should have admitted the appeal filed by the convict, and the same should not have been dismissed in limine. Accordingly, this revision is allowed, and impugned order dated 28.10.2009, passed by Sessions Judge, Uttarkashi, is set aside. The Sessions Judge is directed to admit the appeal and ces to the complainant before deciding the appeal. issue noti (Prafulla C. Pant, J.) 01.07.2010 HN