The High Court reduced the sentence of a woman petitioner convicted under the NI Act for cheque dishonour, as she had already paid compensation and costs and had undergone part of the term. She was granted release.
Sentence reduced to the period already undergone and petitioner released from jail if not required in any other case.
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Versus
..... Respondent
SMT NEELAM MANCHANDA Through Mr. Anil Garg, Adv.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 05.01.2018
Notice. Learned counsel for the respondent accepts notice.
Petitioner was convicted by the trial court under Section 138 of the
Negotiable Instruments Act, 1881 (“the Act”, for short) and sentenced to undergo simple imprisonment for 15 days. She was also directed to pay 55,000/- (50,000/- towards compensation and `5,000/- towards costs) to the respondent. It was further directed that in case of default of payment of compensation, petitioner shall undergo simple imprisonment for further period of 15 days.
Petitioner preferred an appeal before the Additional Sessions Judge, which has been dismissed, vide judgment dated 7th November, 2017.
That is how, petitioner is before this Court by way of present Revision Petition under Section 397 Cr.P.C.
During the course of hearing, learned counsel for the petitioner has not advanced any arguments on merits of the case. Only leniency has been prayed in the sentence. It is contended that `55,000/- has already been paid to the respondent. It is further submitted that a settlement has also been arrived at between the parties. Copy of the Memorandum of Understanding has already been placed on record.
Petitioner is a woman and is aged about 36 years. She has two school going children. She is in jail for the last three days. Compensation and costs have already been paid. Irrespective of the settlement, I am of the view that sentence of the petitioner can be reduced to the period already undergone by her. Accordingly, sentence of the petitioner is reduced to the period already undergone by her. Petitioner be released from the jail, if not required in any other case.
Revision Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.
A.K. PATHAK, J.
JANUARY 05, 2018 r.bararia
1 issue framed by the court
Whether the sentence imposed in a cheque dishonour case can be reduced upon the petitioner paying the compensation costs and appearing as a woman with school-going children.
2 provisions across 2 enactments
Smt Priya Sachdeva
Smt Neelam Manchanda
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
