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MANOJ KUMAR GARG
Kanhaiyalal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 07.03.2024 passed by learned Additional Sessions Judge No. 1, Sriganganagar (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal and upheld the judgment dated 30.11.2019 passed by the learned Judicial Magistrate No. 1, Sriganganagar (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the present petitioner for offence under Section 138 of NI Act and sentenced him to undergo one year SI along with fine of Rs. 12,70,000/- and in default of payment of fine, to further undergo 3 months SI.
2. Briefly stated, the facts of the case are that the petitioner took a loan of Rs. 10,00,000/- from the complainant/respondent No. 2 and in lieu thereof, the petitioner had given a cheque bearing No. 790806 of Indian Overseas Bank, Branch Sriganganagar to the complainant. On presentation, the said cheque was returned as dishonoured by the Bank. The complainant served a legal notice upon the petitioner through his advocate and demanded the amount of cheque but the petitioner did not pay any amount to the complainant.
3.
The court may reduce a sentence based on the time already served and the overall circumstances of the case.
The court can reduce a sentence to the time already served based on the overall circumstances of the case, even when the conviction is upheld.
The court can reduce a sentence based on the time already served and the circumstances surrounding the case.
The court can reduce a sentence based on the time already served and the circumstances surrounding the case while maintaining the conviction under Section 138 of the NI Act.
The court can reduce the sentence of imprisonment based on the time already served and the circumstances of the case while maintaining the conviction under Section 138 of the NI Act.
The court may reduce the default sentence under Section 138 of the NI Act based on the time already served by the convicted individual.
The court upheld the conviction under Section 138 of the NI Act while reducing the default sentence to the time already served, considering the circumstances of the case.
The court can reduce the sentence of imprisonment based on the time already served and overall circumstances while maintaining the conviction under Section 138 of the NI Act.
The court confirms the conviction under the NI Act but allows time for the petitioner to comply with the sentence.
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