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2014 DIGILAW 829 (PNJ)

Shanker Verma v. Satpal Singh

2014-05-12

K.C.PURI

body2014
JUDGMENT Mr. K.C. Puri, J.: - Petitioner was put to trial in respect of offence under Section 138 of the Negotiable Instruments Act, regarding dishonouring of 5 cheques of Rs.5,000/- each and ultimately was convicted and sentenced to undergo rigorous imprisonment for a period of 1 years and to pay compensation of Rs.37,000/- vide judgment and order dated 24/26.3.2012 passed by Sh. Vikas Gupta, Judicial Magistrate Ist Class, Faridabad. 2. The petitioner preferred an appeal against the above said judgment and order dated 24/26.3.2012 but the same was dismissed vide judgment dated 4.10.2012 passed by Mrs. Anshu Shukla, Additional Sessions Judge, Faridabad. 3. Feeling dissatisfied with both the abovesaid judgments and order dated 24/26.3.2012 and 4.10.2012, the present revision petition has been filed. 4. Notice of the revision petition was given to respondent No.1 and respondent No.1 appeared through Sh. Jagjot Singh, Advocate on 25.4.2013, but thereafter none appeared on behalf of respondent No.1. 5. On 25.4.2013, it was mentioned that respondent No.1 complainant is yet to withdraw the amount in respect of compensation. 6. Counsel for the petitioner has placed on record receipt to the effect that the amount of Rs.37,000/- has been deposited before the JMIC, Faridabad. 7. As per the custody certificate, the petitioner has undergone incarceration for a period of 1 month and 21 days and he has deposited the amount of cheque in question. So, considering all the circumstances, the sentence of the petitioner stands reduced to the period already undergone. 8. The revision petition stands disposed of accordingly. 9. A copy of the judgment be sent to the trial Court for compliance. ---------0.B.S.0------------