IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM No. 46863 of 2009 in/and
CRR No. 2446 of 2009 (O/M).
Date of Decision : November 18, 2009.
Rajender Kumar Anand
...... Petitioner (s).
Versus.
Sandeep Aneja
..... Respondent (s).
CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:- Mr. Rajesh Bansal, Advocate,
for the petitioner .
AUGUSTINE GEORGE MASIH, J. (ORAL).
CRM No. 46863 of 2009.
The prayer in the present application is for condonation of delay
of 56 days in filing the present revision petition.
For the reasons, mentioned in the application, the same is
allowed and the delay of 56 days in filing the present revision petition, is
condoned.
CRR No. 2446 of 2009.
Counsel for the petitioner contends that the sentence awarded to
respondent-accused is inadequate as he has only been sentenced to pay a fine
of Rs. 5,000/- for the commission of offence punishable under Section 138 of
the Negotiable Instruments Act, 1881, (hereinafter referred to as “the Act”).
He further contends that only compensation of Rs. 4,000/- has been granted
to the complainant/petitioner. He further contends that the cheque itself was
for an amount of Rs. 4,000/- and after a prolong litigation, the conviction of
CRR No. 2446 of 2009 (O/M). -2-
the respondent-accused was obtained by the complainant/petitioner,
therefore, he should be further compensated for the said offence committed
by respondent-accused.
I have heard counsel for the petitioner and have gone through
the records of the case.
The reasons given by the Trial Court on the question of
quantum of sentence for coming to a conclusion that the interest of justice
would be served by imposing a fine of Rs. 5,000/- upon respondent-accused
for an offence punishable under Section 138 of the Act, is fully justified.
The complainant/petitioner has been adequately compensated by granting
him Rs. 4,000/- as compensation.
In view of the above, I do not find any merit in the present
petition and the same stands dismissed.
(AUGUSTINE GEORGE MASIH)
JUDGE
November 18, 2009.
sjks.