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2013 DIGILAW 2125 (RAJ)

Narayan Prasad v. State of Rajasthan

2013-11-28

NIRMALJIT KAUR

body2013
JUDGMENT 1. (Oral) - These are revision petitions under Section 397/401 of the Cr.P.C. against the judgments dated 05.08.2008 passed by learned Additional Sessions Judge (Fast Track) No. 3, Bikaner vide which the appeals of the present petitioner were dismissed and Judgments dated 04.07.2007 passed by learned Judicial Magistrate No. 3, Bikaner convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instrument Act were affirmed. 2. Learned counsel for the petitioner at the outset submitted that he does not wish to argue the revision petitions on merits but submitted that the petitioner has already deposited 25% of the total fine amount i.e. Rs. 1,15,000/ - in both the revision petitions in pursuance to the order dated 27.08.2008 passed by this Court. He is ready to pay another amount of Rs. 1,50,000/ - in both the revision petitions, therefore, a lenient view be taken qua the quantum of sentence. 3. Taking into account the facts and circumstances of the case as well as evidence and the judgments passed by the courts below, the learned counsel for the petitioner has rightly not argued the revision petitions on merits. 4. The criminal revision petitions are, accordingly, dismissed. 5. However, there is merit in the argument of the earned counsel for the petitioner with respect to the quantum of sentence. The petitioner has already deposited Rs. 1,15,000/ - towards the fine in both the cases in pursuance to the order dated 27.08.2008 passed by this Court. He is ready to pay another amount totalling Rs. 1,50,000/ - towards the dishonoured cheques and fine in both the revision petitions. It is further stated that the petitioner is not in a position to make more payment than the above Said amount. Moreover, he has also undergone 05 days of the sentence out of total sentence. 6. In view of the above, the revision petitions against the conviction are dismissed and the judgments dated 05.08.2008 as well as dated 04.07.2007 passed by the courts below to that extent are upheld. However, the sentence awarded to the petitioner in both the revision petitions is modified. The petitioner is ordered to be released on probation of good conduct under Section 4(1) of the Probation of Offenders Act, 1958 subject to the payment of Rs. However, the sentence awarded to the petitioner in both the revision petitions is modified. The petitioner is ordered to be released on probation of good conduct under Section 4(1) of the Probation of Offenders Act, 1958 subject to the payment of Rs. 2,00,000/ - to be paid in 04 equal installments within two months by 30.01.2014, out of which, each of the installment will be paid after gap of 15 days and further on his executing one personal bond in both these cases to the satisfaction of the trial court for the remaining period of sentence within which period he shall continue to be of good behaviour and keep peace, and in case of breach of conditions of the bond, he will be ready to serve the sentence as and when called for. 7. However, it is clarified that in case the petitioner does not deposit the amount of Rs. 2,00,000/ - within the stipulated period, he will be arrested after expiry of the said period for undergoing remaining period of the sentence. The amount of Rs. 1,15,000/ - deposited in pursuance to the order dated 27.02.2008 passed by this Court, and Rs. 2,00,000/ - to be now deposited will be released to the respondent - complainant on an application moved by him.Sentence modified in revision. *******