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2012 DIGILAW 157 (PNJ)

Dhram Singh v. Faridkot Central Co-operative Bank

2012-01-27

RAKESH KUMAR GARG

body2012
JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - Petitioner-Dharam Singh was convicted by the Judicial Magistrate 1st Class, Faridkot vide judgment dated 1.9.2010 for the commission of an offence under Section 138 of the Negotiable Instruments Act, 1881 and was ordered to undergo imprisonment for six months and to pay a fine of Rs.1,000/-. In default of payment of fine, he was further ordered to undergo imprisonment for six months and to pay a fine of Rs.1,000/- In default of payment of fine, he was upheld by the Additional Sessions Judge, Faridkot vide judgment dated 29.11.2011. Since then the petitioner is in custody and thus, has already undergone a substantive period of sentence. 2. Mr. Indeerjeet Singh Brar, on instruction from Sh. Gurjant Singh, Manger of the respondent-Bank, has admitted that amount of the cheque in question, has already been deposited by the petitioner and Bank has nothing to recover from him against the dishonoured cheque. 3. Counsel for the petitioner has further informed this Court that the fine imposed vide impugned judgment has already been deposited. 4. On the basis of the aforesaid facts, counsel for the petitioner has submitted before this Court only with regard to quantum of Sentences and has prayed that keeping in view the facts and circumstances of the case, a lenient view be taken against the petitioner and sentence be reduced to the period already undergone by him. 5. After hearing learned counsel for the parties, this Court is of the view that that it is fit case where lenient view be taken. The conviction of the petitioner is maintained, however, the sentence awarded to him is reduced to the period undergone. 6. But for the aforesaid modification in the sentence awarded to the petitioner, this revision petition fails and hereby dismissed. 7. Copy of this order be given dasti on payments of usual charges. ---------------