The court may reduce a sentence based on the time already served and the overall circumstances of the case.

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. On the basis of the above complaint, the learned trial court took cognizance in the matter and ultimately framed charge for offence under Section 138 NI Act against the petitioner. The petitioner denied the charge and claimed for trial. During trial the complainant got himself examined and got exhibited certain documents. Thereafter statement of the petitioner under Section 313 Cr.P.C. was recorded. In defence no evidence, oral or documentary, was produced by the petitioner.

4. After conclusion of the trial, the learned trial court vide judgment and order dated 30.11.2019 convicted the accused-petitioner for offence under Section 138 of NI Act.

5. Aggrieved by the judgment and order dated 30.11.2019, passed by the learned trial court, an appeal was preferred before the learned appellate court, which came to be dismissed vide judgment dated 07.03.2024. Hence, this revision.

6. At the threshold, learned counsel for the petitioner submits that he does not challenge the finding of conviction but since the accused petitioner has served about five and half months of sentence, out of total sentence of one year, therefore, it is prayed that the substantive sentence awarded to the petitioner for the aforesaid offence may be reduced to the period already undergone by him.

7. Learned Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.

8. Heard the learned counsel for the parties and perused the judgments passed by both the courts below regarding conviction of the accused-petitioner.

9. It is not disputed that the accused petitioner was sentenced to a period of one year simple imprisonment, however, the petitioner has so far undergone a period of five and half months in custody, out of one year of total sentence, so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that he has remained behind the bars for about five and half months, it will be just and proper if the sentence awarded by the trial court for offence under Section 138 of NI Act is reduced from ten months to the period already undergone by the petitioner.

10. Accordingly, the revision petition is partly allowed. While maintaining the petitioner's conviction for offence under Section 138 of NI Act, the sentence awarded to him is hereby reduced to the period already undergone by him. The sentence of three months additional imprisonment awarded in default of payment of fine/compensation is also waived. So far as the compensation amount is concerned, the respondent No. 2-complainant shall be free to initiate proceedings for recovery of th