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2006(1) Bankmann 491
SUPREME COURT OF INDIA
B.N. Agrawal and Tarun Chatterjee, JJ.
Kulwinder Singh Laddi — Appellant
versus
State of Punjab and Anr. — Respondents
Criminal Appeal No. 405 of 2004
Decided on 4-11-2004
Headnote:NEGOTIABLE INSTRUMENTS ACT, 1881—SECTION 138—DISHONOUR OF CHEQUE—CONVICTION—SENTENCE OF SIX MONTHS IMPRISONMENT AND FINE RS. 5,000/- WITH 2 MONTHS DEFAULT SENTENCE—CONVICTION AND SENTENCE MAINTAINED BY HIGH COURT—APPEAL—PRESSED ONLY ON QUESTION OF SENTENCE—APPELLANT HAD REMAINED IN CUSTODY FOR MORE THAN TWO AND HALF MONTHS—ENDS OF JUSTICE TO BE MET IF SENTENCE WAS REDUCED TO PERIOD ALREADY UNDERGONE. (PARA 3)
RESULT: APPEAL ALLOWED ACCORDINGLY.
HEARD THE PARTIES.
2. THE SOLE APPELLANT WAS CONVICTED BY THE TRIAL COURT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 AND SENTENCED TO UNDERGO IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND TO PAY FINE OF
RS. 5000, IN DEFAULT, TO UNDERGO FURTHER IMPRISONMENT FOR A PERIOD OF TWO MONTHS. ON APPEAL BEING PREFERRED, THE SESSIONS COURT UPHELD THE CONVICTION. THEREAFTER, THE APPELLANT MOVED THE HIGH COURT IN REVISION WHICH REFUSED TO INTERFERE WITH THE CONVICTION OF THE APPELLANT. HENCE THIS APPEAL BY SPECIAL LEAVE.
3. LEARNED COUNSEL APPEARING ON BEHALF OF THE APPELLANT PRESSED THIS APPEAL ONLY ON THE QUESTION OF SENTENCE AND SUBMITTED THAT AS THE APPELLANT HAS REMAINED IN CUSTODY FOR A PERIOD OF MORE THAN TWO-AND-A-HALF MONTHS, THE SENTENCE OF IMPRISONMENT AWARDED AGAINST HIM MAY BE REDUCED TO THE PERIOD ALREADY UNDERGONE. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT ENDS OF JUSTICE WOULD BE MET IN CASE THE SENTENCE OF IMPRISONMENT AWARDED AGAINST THE APPELLANT IS REDUCED TO THE PERIOD ALREADY UNDERGONE.
4. ACCORDINGLY, THE APPEAL IS ALLOWED IN PART AND WHILE UPHOLDING CONVICTION OF THE APPELLANT, THE SENTENCE OF IMPRISONMENT AWARDED AGAINST HIM IS REDUCED TO THE PERIOD ALREADY UNDERGONE. THE APPELLANT WHO IS ON BAIL IS DISCHARGED FROM THE LIABILITY OF BAIL BONDS.
APPEAL ALLOWED ACCORDINGLY.
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