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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Babu Lal Chaudhary – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 05.03.2024 in criminal appeal No.426/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter referred to as ‘the appellate court’) by which the appellate court dismissed the appeal and upheld the judgment dated 13.09.2023 in CIS No.8110/2014 passed by the learned Special Metropolitan Magistrate, (NI Act Cases) No.II, Udaipur (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 S.I. along with fine of Rs.4,00,000/-, in default of fine to undergo six months’ S.I.
2. Briefly stated, the facts of the case are that the petitioner borrowed Rs.2,00,000/- from the complainant/respondent No.2 and assured him to return the same. The petitioner had given a cheque amounting to Rs.2,00,000/- of ICICI Bank, Branch 2, Madhuban, Udaipur to the complainant on 20.03.2012. On presentation, the said cheque was returned as dishonoured by the Bank. The complainant served a legal notice upon the petitioner
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 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 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 may reduce a sentence based on the time already served and the overall circumstances of the case.
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.
A compromise under Section 147 of the NI Act allows for setting aside a conviction for dishonor of cheque, provided the complainant does not wish to proceed and costs are deposited.
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