JUDGMENT Mrs. Rekha Mittal, J.: - Through the present petition, Naveen Kumar Dubey (convict) has assailed the judgments passed by the Courts below whereby he has been convicted and sentenced for commission of offence punishable under Section 138 of the Negotiable Instruments Act 1881 (in short “the Act”) for dishonour of cheque No. 149775 dated 20.10.2009 in the sum of Rs.1,50,000/-. 2. Counsel for the petitioner contends that the petitioner was awarded substantive sentence to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.3000/- with default stipulation by the learned trial Court. The appellate Court affirmed the findings recorded by the trial Court without showing any leniency in the matter of sentence. It is further submitted that the petitioner is in custody for the last about one year and he has been convicted and sentenced for the same offence in four different cases. It is further argued that in the absence of the petitioner, being confined in jail, his family is virtually at the verge of starvation, therefore, the substantive sentence awarded to the petitioner may be reduced. 3. Counsel for the respondent, on the contrary, argues that the petitioner does not deserve any leniency in sentencing. 4. I have heard counsel for the parties and perused the case file. 5. The criminal proceedings were initiated against the petitioner in February, 2010. He has suffered pangs of criminal proceedings for the last over four years. There is nothing on record to suggest that except four separate complaints filed against the petitioner in regard to dishonour of cheques, any other criminal case has been registered against him. 6. Keeping in view totality of the facts and circumstances of the present case, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of nine months. 7. The petition stands disposed of with modification in the aforesaid terms. ---------0.B.S.0------------ —————————