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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Gurdev Singh – Appellant
Versus
Chiranji Lal Surendra Kumar – Respondent
| Table of Content |
|---|
| 1. borrowed money and cheque issued (Para 2) |
| 2. trial and conviction details (Para 3 , 4 , 5) |
| 3. petitioner's request for sentence reduction (Para 6) |
| 4. consideration of time served (Para 7 , 8) |
| 5. sentence reduction justified (Para 9 , 10) |
| 6. conviction maintained, sentence reduced (Para 11 , 12) |
JUDGMENT :
(MANOJ KUMAR GARG, J.)
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 09.11.2022 in criminal appeal No.123/2021 passed by learned Additional Sessions Judge, Sadul Shahar, Sriganganagar (hereinafter referred to as ‘the appellate court’) by which the appellate court dismissed the appeal and upheld the judgment dated 05.05.2012 in criminal case No.166/2004 passed by the learned Judicial Magistrate, First Class Sadul Shahar, 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 S.I. along with fine of Rs.2,80,000/-.
2. Briefly stated, the facts of the case are that the petitioner borrowed Rs.2,50,000/- from the complainant/respondent and assured him to return the same. The petition
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 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 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.
The court can set aside the sentence of imprisonment for an offence under Section 138 of the NI Act based on a compromise between the parties, in accordance with the provisions of Section 147 of the ....
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