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2014 DIGILAW 1018 (RAJ)

Keshav Gupta v. State of Rajasthan

2014-04-25

MAHESH CHANDRA SHARMA

body2014
JUDGMENT 1. - This revision petition has been filed by the petitioner against the judgment dated 16.1.1999 passed by Addl. Sessions Judge No.1, Jaipur City, Jaipur in Cr. Appeal No. 102/1998, whereby the appeal filed by the petitioner was dismissed and the judgment dated 2.12.1997 passed by Addl. Chief Judicial Magistrate (Sr. Division) No1., Jaipur City in Cr. Case No. 13/1995, convicting the petitioner for the offence under Section 138 of NI Act and directing him to pay fine of Rs. 1.00 lac; in default of payment of fine, to undergo 1 year's SI, was affirmed. 2. Without going into the merits of the case, learned counsel for the petitioner has contended that the petitioner has already deposited the fine of Rs. 60,000/- with the court below. He has further requested to this court that the amount of fine imposed by the court below should be reduced from Rs. 1,00,000/- to Rs. 60,000/-, which has already been deposited by the petitioner. 3. Learned PP appearing for the State has opposed the same. 4. I have heard learned counsel for the respective parties and carefully perused the relevant material on record. 5. Looking to the facts and circumstances of the case, I accept the request made by counsel for the petitioner and in the interest of justice, reduce the fine from Rs. 1,00,000/- to Rs. 60,000/-. 6. The revision petition is partly allowed and the impugned judgments passed by the courts below stand modified, as indicated here-in-above. 7. Stay application also stands disposed of accordingly. *******