IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
Criminal Appeal No.S-2116-SB of 2008
Date of Order : February 18, 2009
Satish Kumar Jindal
… Appellant
VERSUS
Manjeet Singh
… Respondent
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.O.P.Nagpal,
Advocate for the appellant.
Mr.A.S.Syan,
Advocate for the respondent.
A.N.JINDAL, J.-
Arguments heard on the quantum of sentence.
The judgment of conviction was passed on 5.11.2008.
However, thereafter, the respondent – accused has been seeking time to
enter into a compromise with the appellant – complainant and on this
ground, he has sought number of dates. At one hearing, a sum of
Rs.15,000/- was paid by the respondent and a promise to make the payment
of cheque amount along with interest and expenses incurred by the
petitioner, was also made, but today, he (respondent-accused) has flatly
refused to compromise. At the same time, he has nothing to say on the
quantum of sentence, but has only submitted that a lenient view be taken.
In the circumstances, the respondent – accused Manjeet Singh
is sentenced to undergo rigorous imprisonment for two years and to pay fine
of Rs.45,760/- i.e, double of the cheque amount, under Section 138 of the
Negotiable Instruments Act, 1988. In default of payment of fine, he would
further undergo rigorous imprisonment for six months. In case of deposit
of the fine, its half will be converted into compensation, to be paid to the
appellant – complainant. The amount of Rs.15,000/- already paid by the
respondent is also ordered to be adjusted against the cheque amount, which
he was liable to pay to the appellant.
The copy of the order be sent to the Chief Judicial Magistrate,
Patiala to take the accused – respondent into custody and report within
fifteen days, from the date of receipt of a copy of this order.
February 18, 2009 ( A.N.JINDAL ) `gian' JUDGE