Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Vijay Kumar Vyas – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
Application (I.A. No.1/2024) has been filed underSection 5 of the Limitation Act for condonation of delay in filing the present criminal revision petition and the same is allowed. Delay in filing the present criminal revision petition is condoned.
2. Instant revision petition has been filed by the petitioner challenging the judgment dated 19.07.2022 passed by learned Additional Sessions Judge No.1, Sriganganagar (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.179/2017 (C.I.S. No.131/217) by which the appellate court dismissed the appeal and upheld the judgment dated 26.04.2017 passed by the learned Special Judicial Magistrate (NI Act) Cases No.2, Sriganganagar (hereinafter referred to as ‘the trial court’) in Criminal Original Case No.39/2013 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 SI along with fine of Rs.2,10,000/- and in default of payment of fine, to further undergo Fifteen (15) days’ SI.
3. Briefly stated, the facts of the case are that the petitioner took a loan of Rs.1,75,000/- from the complainant/respondent No.2 and i
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 may reduce the default sentence under Section 138 of the NI Act based on the time already served by the convicted individual.
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 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 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 the circumstances of the case while maintaining the conviction under Section 138 of the NI Act.
Compromise in criminal cases under Section 138 NI Act can lead to setting aside of conviction if the complainant is satisfied and has received full payment.
The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.
Compromise between parties under Section 147 of the N.I. Act allows for setting aside of conviction, subject to costs as per Supreme Court guidelines.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
