The High Court upheld the conviction but reduced the sentence to one month to match the time already served, acknowledging the settlement and payment of dues between the parties.
Sentence reduced to one month, matching the period already undergone by the petitioner; conviction upheld.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Crl. Revision No. 521 of 2002 Date of Decision: 7.7.2009 *****
M/s Metro Rim India Pvt. Ltd & Ors.
.. Petitioners
Vs.
M/s Steel Strips Limited & Anr.
.. Respondents.
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
Present:Mr. S.S. Narula, Advocate for the petitioners.
**Mr. Veneet Soni, Advocate for respondent-complainant. *****
ARVIND KUMAR, J.
The petitioners were tried by the learned Magistrate Ist Class, Chandigarh for an offence under Section 138 of the Negotiable Instruments Act with the allegations that the cheques issued by the petitioner M.R. Aggarwal being the Director of petitioner M/s Metro Rim India Private Limited, in order to discharge the outstanding liability, were dis-honoured. Petitioner Meena Aggarwal was also stated to be the Director of the said firm. On conclusion of trial, the charges against the petitioners were found proved by the learned trial court and accordingly petitioners No.2 and 3 were sentenced to undergo rigorous imprisonment for eight months with a fine of Rs.1000/- each and in default of payment of fine, further sentence of one month was awarded. A fine of Rs.1000/- was imposed upon Petitioner No.1 being the Company.
On appeals preferred by the petitioners, the learned appellate Court modified their sentence by reducing the same to the period of six
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months. Dis-satisfied with the same, the petitioners have preferred the instant revision.
Learned counsel for the petitioners contends that during pendency of instant revision petition, petitioner M.R. Aggarwal has died and the revision petition qua him be abeted. He has further pointed out the parties had entered into the settlement and consequently, whole amount was paid to the complainant. This position has not been controverted by learned counsel appearing on behalf of the complainant. He has stated at bar that the complainant had received the payment and has no objection if a lenient view is taken in favour of the petitioner Meena Aggarwal.
In view of the statement made by learned counsel for the petitioners the present revision petition in respect of M.R. Aggarwal is abeted.
The learned counsel for the petitioners has contended that the petitioner has undergone about one month of imprisonment in relation to the present case and in view of the fact that they have faced the agony for about 15 years, her further sentence be reduced.
The arguments have been scanned. In view of the facts and circumstances of the case that the matter between the parties has been settled and the complainant has been paid the entire amount, this Court is of the considered view that the petitioner deserves leniency in the matter of sentence. Therefore, the order of conviction of the petitioner is upheld. However, the sentence awarded to her under Section 138 of the Negotiable Instruments Act, as mentioned above, is reduced to the one already undergone by her.
With the above modification, the instant revision petition stands disposed of.
(ARVIND KUMAR) JUDGE
July 7,2009 Jiten
3 issues framed by the court
Whether the conviction of the petitioners under Section 138 of the Negotiable Instruments Act should remain valid after the parties have settled the dispute and full payment has been made.
Whether the sentence awarded to the petitioner should be reduced given that she has undergone one month of imprisonment and the matter was settled.
Whether the revision petition should be abated or disposed of in light of the death of one petitioner and the settlement between parties.
1 provisions across 1 enactments
M/s Metro Rim India Pvt. Ltd & Ors.
M/s Steel Strips Limited & Anr.
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
