1. - Learned Additional Sessions Judge (Fast Track), Balotra by the judgment dated 10.8.2011 affirmed the judgment and order dated 5.7.2010 passed by learned Chief Judicial Magistrate, Barmer convicting the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act 1881 and sentencing him to undergo one month's simple imprisonment with a fine of Rs. 2,94,000/- and in the event of default to further undergo two months' simple imprisonment.

2. In this revision petition, the only submission of learned counsel for the petitioner is that the entire cheque amount has already been paid by the petitioner to the respondents, as such no useful purpose now shall be served by sending the petitioner behind the bars to serve the remaining part of sentence. The fact about payment of cheque amount has not been disputed by the learned counsel for the respondent No.2 Abdul Sattar. It is also stated by learned counsel for the petitioner that the petitioner and respondent are relatives and the cheque in question was dishonoured due to some confusion. Be that as it may, having considered all the facts of the case and looking to the fact that the entire cheque amount has already been paid, I deem it appropriate to dispose of this revision petition by maintaining conviction recorded by the trial court, but reducing the sentence for the period already undergone by the petitioner in prison with a fine of Rs. 50,000/- only. The fine is required to be deposited by the petitioner before the trial court on or before 15.12.2012. The trial court shall disburse the fine amount to respondent No.2 Abdul Sattar. The bail bonds and sureties furnished by the petitioner shall stand discharged after deposition of fine.Petition Partly Allowed.

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