Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 2089 (RAJ)

Malkit Singh v. State

2012-10-05

GOVIND MATHUR

body2012
JUDGMENT 1. - Learned Additional Sessions Judge No.1, Hanumangarh by the judgment dated 2.11.2011 affirmed the judgment and order dated 30.3.2007 passed by learned Judicial Magistrate, Hanumangarh convicting the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo one year's simple imprisonment and further to pay a compensation to the tune of Rs. 8,00,000/-. 2. At the threshold, it is submitted by learned counsel for the petitioner that the entire cheque amount has already been paid by the petitioner to the respondent M/s Guru Teg Bahadur Trading Company. 3. The fact stated by the learned counsel for the petitioner has not been disputed by learned counsel for the respondents. It is submitted by learned counsel for the petitioner that in view of the payment of entire amount due, no useful purpose shall be served by sending the petitioner behind the bars to undergo remaining part of sentence. Counsel for the respondents as well as learned Public Prosecutor have already not opposed the contention made by learned counsel for the petitioner. 4. From perusal of the facts of the case, it reveals that some dispute was existing between the parties during the business transactions and that ultimately resulted into dishonouring of the cheque rendered. The dispute existing has already been resolved by the parties at their own. 5. Having considered these facts, I deem it appropriate to dispose of this revision petition by maintaining the conviction but reducing the sentence from the period of one year imprisonment to the period already undergone in prison i.e. 24.8.2011 to 22.5.2012. The petitioner however shall be required to pay compensation of Rs. 50,000/- to the respondent No.2 M/s Guru Teg Bahadur Trading Company, Nai Mandi, Hanumangarh within a period of three months from today. The bail bonds and sureties furnished by the petitioner stands discharged.Petition partly allowed. *******