Criminal Revision No. 553 of 1998 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Revision No. 553 of 1998
Date of Decision: 12.5.2009
Darshan Lal
...Petitioner
Versus
Amar Singh and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Deepak Gupta, Advocate
for the petitioner.
None for respondent No.1.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab , for respondent No.2-State.
Kanwaljit Singh Ahluwalia, J. (Oral)
Petitioner Darshan Lal is present along with his counsel Mr.
Deepak Gupta, Advocate. Mr. Gupta, on instructions from petitioner
Darshan Lal, has stated that petitioner was convicted under Section 138
of the Negotiable Instruments Act by the trial Court to undergo rigorous
imprisonment for six months and to pay a fine of Rs.500/-, in default
whereof to further undergo simple imprisonment for 15 days.
Appeal filed by the petitioner was also dismissed.
It is submitted that petitioner had issued a cheque bearing No.
701898 dated 25.7.1992 for Rs.10,000/-. The cheque was drawn on
New Bank of India, Bharat Nagar Chowk, Ludhiana. The cheque had
Criminal Revision No. 553 of 1998 2
bounced. The complainant had issued legal notice. Accused failed to
pay the amount, resultantly, he was convicted and sentenced by the trial
Court as mentioned above.
Counsel for the petitioner has stated that out of six months
petitioner has undergone one month & 22 days. Counsel further submits
that the cheque was issued in the year 1992 and petitioner has suffered
a protracted trial. Counsel further submitted that petitioner is ready and
willing to deposit Rs.10,000/-, amount of the cheque.
Taking into consideration petitioner has already undergone
one month & 22 days and the cheque was issued in the year 1992, I am
of the view that request made by counsel for the petitioner can be
accepted.
In case the cheque amount of Rs.10,000/- is deposited before
the trial Court within three months, from the receipt of certified copy of
the order, sentence awarded upon the petitioner shall stand reduced to
already undergone. However, in case Rs.10,000/- is not deposited, the
petitioner shall undergo the sentence awarded by the trial Court. The
amount of Rs.10,000/- deposited by the accused/petitioner be disbursed
to the complainant.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
May 12, 2009
“DK”