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PUNJAB Be HARYANA HIGH COURT
Bakhshish Kaur, J.
Satya Narain Upadhaya @ Fauji -Petitioner
versus
Baldev Raj Mittal and Another - Respondents
Cr. R No. 1416 of 1998
Decided on 5-10-1999
Counsel for the parties:
For the Petitioner: Mr. Satya Narain, petitioner in person with Mr. Anil Shukla and Mr. B.S. Wali, Advocates.
For the Respondents: Mr. B.D. Sharma, Advocate with Mr. (Dr.) AR Sidhu, D.AG. Punjab.
Headnote:Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Conviction and sentence for nine months imprisonment by Courts below -Revision - During pendency of proceedings complainant received Rs. 40,000/- and cheque dishonoured was for Rs. 30,000/- Petitioner had already remained in custody for nearly one month - Sentence reduced to period already undergone.
Result: Revision disposed of accordingly.
Bakhshish Kaur, J. - Heard.
2. Satya Narain, petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo R.I. for nine months and fine of Rs. 200/- in default to further undergo R.I. for one month, by the Judicial Magistrate, 1st Class Jalandhar which was affirmed by the learned Sessions Judge Jalandhar. Therefore, aggrieved by the said order, the petitioner has preferred this criminal revision.
3. As per case of the complainant. Satya Narain had borrowed Rs. 30,000/- from Baldev Raj and issued a cheque for the same amount on demand. On presentation of the cheque the same was dishonoured therefore complaint under Section 138 of the Negotiable Instruments Act was flied.
4. During - the pendency of the proceedings the complainant has received Rs. 40,000/- which was subject matter of dispute between the parties.
5. Considering the fact that the complainant has received the amount since and the accused has remained in custody of for nearly one month therefore the sentence awarded to the petitioner is reduced to one already undergone. Petition stands disposed of.
Revision disposed of accordingly.
