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PUNJAB & HARYANA HIGH COURT
K.C. GUPTA, J.
Criminal Revision No. 1169 of 2001
Decided on 30.8.2001
SANJAY MEHRA
versus
ASHOK KUMAR GOOMBER
The court emphasized the significance of considering compromises between parties and the withdrawal of grievances in modifying sentences under Section 138 of the Negotiable Instruments Act.
Headnote:
Negotiable Instruments Act - Section 138 - Sentencing and Compromise
Fact of the Case:
The petitioner was sentenced under Section 138 of the Negotiable Instruments Act and was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 500. A compromise was reached between the parties, and the complainant withdrew the grievance.
Finding of the Court:
The court set aside the sentence except for the fine, considering the compromise and the complainant's withdrawal of grievance. The petitioner was sentenced to the period already undergone and a fine of Rs. 500, which had already been deposited.
Issues: Sentencing under Section 138 of the Negotiable Instruments Act, effect of compromise between parties
Ratio Decidendi: The court considered the compromise between the parties and the withdrawal of grievance by the complainant in modifying the sentence. It emphasized the importance of considering the circumstances and the parties' agreement in sentencing.
Final Decision: The sentence except for the fine was set aside, and the petitioner was sentenced to the period already undergone and a fine of Rs. 500, which had already been deposited. The revision petition was dismissed.
K.C. Gupta, J.- The petitioner was sentenced under Section 138 of the Negotiable Instruments Act and was sentenced to under go R.I. for one year and to pay a fine of Rs. 500/- and in default of payment of fine to undergo further R.I. for 10 days. It is stated that the fine has already been paid. It is further stated that the petitioner is in custody since 23.7.2001. A compromise has effected between the parties and the complainant has made a statement to this effect. Now the complainant has got no grievance against the petitioner.
2. Keeping in view of the above facts and circumstances, the sentence except fine is set aside and the petitioner is sentenced to the period already undergone and a fine of Rs. 500/- which he has already deposited. With this modification in the sentence, the revision petition is dismissed.
Order modified.
