In spite of granting ample opportunity to the petitioner, none turned up on behalf of the petitioner to argue and on account thereof exercising the power envisaged under Section 397, 401 of the Cr. P.C., the records have been minutely gone through with the assistance of learned Additional P.P.

2. While admitting the instant revision on 17.09.2002, it has been confined relating to sentence only.

3. Petitioner Ram Chandra Shukla was convicted vide judgment dated 13.02.1998 passed by Sri Binod Kumar Singh, Judicial Magistrate, Ist Class, Buxar in G.R.No.179 of 1983/Trial No.251 of 1998 whereby and whereunder he has been found guilty for an offence punishable under Section 409 of the IPC, 420 of the IPC and has been directed to undergo simple imprisonment for two years as well as fine of Rs.500/- under Section 409 of the IPC while simple imprisonment for one year and fine of Rs.500/- under Section 420 of the I.P.C. In default of payment of fine to undergo simple imprisonment for a month. Both the sentences were directed to run concurrently.

4. Petitioner had thereafter filed Cr.Appeal No.2 of 1998 which was disposed of on 17.01.2002 in absence of learned counsel and accordin