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2013 DIGILAW 121 (RAJ)

Parshu Ram v. Bharatpur Sahakari Bhoomi Vikas Bank Ltd. , Bharatpur

2013-01-16

M.N.BHANDARI

body2013
JUDGMENT 1. - By this revision petition, a challenge is made to the order passed by the trial Court so as the Appellate Court whereby the petitioner has been convicted for an offence under Section 138 of Negotiable Instruments Act and sentenced one year's simple imprisonment with fine. The Appellate Court did not cause interference, rather benefit of probation was also not extended. 2. Learned counsel submits that petitioner has already served more than six months' imprisonment and has deposited a sum of Rs. 65,000/- with the trial Court. The remaining amount of fine would be deposited or be given to the complainant party within a period of two months if the petitioner's sentence is reduced from one year to six months. 3. Learned Public Prosecutor and learned counsel for the complainant/s has not opposed the prayer made above. 4. In view of the above and facts of this case where the order of conviction has not been challenged, it is maintained for offence under Section 138 of N.I. Act. 5. The question now comes regarding sentence where the petitioner has been convicted and sentenced one year's simple imprisonment with fine of Rs. 90,000/- and in case of default, to serve three months' simple imprisonment. The petitioner has already served six months' imprisonment and is ready to pay entire amount of fine, out of which, Rs. 65,000/- has already been deposited with the Court below and remaining amount would be paid to the complainant party within a period of two months, I feel it just and proper to reduce sentence by substituting one year's simple imprisonment by six months' simple imprisonment, however, maintaining the order of fine. 6. With the aforesaid modification in the impugned order/s, the revision petition is partly allowed. The amount of Rs. 65,000/- lying with the Court below may be given to the complainant and remaining amount of Rs. 25,000/- may be paid to the complainant through a demand draft within a period of two months from the date of receipt of copy of this order as stated by learned counsel for the petitioner. In case of default, the petitioner will serve three months' simple imprisonment. 7. The record of the case may be sent back to the trial Court immediately.Petition partly allowed. *******