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Rajasthan High Court · body

2013 DIGILAW 578 (RAJ)

Laxmi Narain Bunkar v. State of Rajasthan

2013-03-18

NARENDRA KUMAR JAIN II

body2013
JUDGMENT 1. - With the consent of the parties, criminal revision petition is heard finally. 2. It is a case where petitioner was convicted for offence under section 138 of the Negotiable Instruments Act and sentenced to two years' simple imprisonment and compensation of Rs. 2,89,500/- in view of section 357(3) Cr.P.C. The appeal preferred against the order of the trial court was dismissed. Hence, revision petition along with application of suspension of sentence. The application for suspension of sentence was allowed on the condition to deposit Rs. 1,44,500/- and accordingly, petitioner deposited the said amount, which is lying with trial court. 3. It is stated that petitioner will further deposit remaining amount of Rs. 1,45,000/- with the trial court thus sentence for imprisonment of two years may be set aside. This is more so when petitioner remained behind bars for almost four months and 15 days, which may otherwise be taken in satisfaction of the sentence by reducing it. The challenge to conviction has not been made. 4. Learned counsel for respondent No. 2 submits that conviction has not been challenged by the petitioner and if he deposits a sum of Rs. 1,45,000/- i.e. remaining amount of compensation, within a period of 8 months, Court may appropriately modify the order passed by the court below. 5. I have considered the submissions and find that so far as the order of conviction is concerned, it has not been challenged during course of arguments. Prayer is to modify the sentence. I find that for offence under section 138 of the Negotiable Instruments Act, petitioner was sentenced for two years' simple imprisonment. Taking note of facts of this case and willingness of the petitioner to deposit even the remaining amount of Rs. 1,45,000/- towards compensation so that entire amount thereof can be withdrawn by the complainant-respondent No. 2, I deem it appropriate and order to reduce the sentence of two years' simple imprisonment to that of the period already undergone by the petitioner. However, order of compensation is maintained. The amount of Rs. 1,44,500/- already lying with the court below may be withdrawn by the respondent No. 2. Remaining amount of Rs. 1,45,000/- would be deposited by the petitioner within a period of 8 months from today, as agreed. On its deposition with the court below, aforesaid amount may also be withdrawn by the respondent No. 2. The amount of Rs. 1,44,500/- already lying with the court below may be withdrawn by the respondent No. 2. Remaining amount of Rs. 1,45,000/- would be deposited by the petitioner within a period of 8 months from today, as agreed. On its deposition with the court below, aforesaid amount may also be withdrawn by the respondent No. 2. The court may release the amount. In case of default in deposition of amount aforesaid, petitioner to undergo eight months simple imprisonment. 6. With the aforesaid directions, criminal revision petition stands disposed of. Record be sent back immediately. 7. I.A. No. 1559 of 2013 also stands disposed of. *******