Revision against sentence under Cheque Bounce Act where accused deposited cheque amount and settled. Court granted leniency by remitting imprisonment already served, maintaining fine.
Sentence modified to commutation of rigorous imprisonment to time already undergone; fine retained.
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 592 of 2003 Date of decision: March 06, 2009
Charanjit Singh
... Petitioner
vs.
Labh Singh
... Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. A.D.S. Sukhija, Advocate for the petitioner. None for the respondent.
A.N. Jindal, J
This petition is directed against the judgment dated 12.3.2003 passed by the learned Sessions Judge, Fatehgarh Sahib, dismissing the appeal filed by the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 17.11.2001 passed by the Judicial Magistrate Ist Class, Fatehgarh Sahib, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.3000/- under Section 138 of the Negotiable Instruments Act.
Learned counsel for the petitioner has brought to my notice the order dated 1.4.2003, vide which the petitioner deposited the cheque amount i.e. Rs.20,000/- to the satisfaction of the complainant and he has received the same through the compromise Ex.P-1.
Without assailing the judgment of conviction, it is urged that the petitioner be extended some leniency in the matter of sentence.
Keeping in view the fact that the petitioner had already paid the cheque amount and they have compromised the matter, it would be in the fitness of things to extend some leniency.
Consequently, the petition is dismissed with the modification in the sentence to that already undergone by him without alteration in the sentence of fine.
March 06, 2009 (A.N. Jindal) deepak Judge
1 issue framed by the court
Whether the petitioner is entitled to leniency in sentencing after depositing the cheque amount and settling the matter.
1 provisions across 1 enactments
Charanjit Singh
Labh Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
