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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Yogesh Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The instant revision petition has been preferred against the judgment of conviction dated 16.12.2021 passed by the Ld. JMIC, Bhiwani and the order of sentence dated 21.12.2021 passed by the learned JMIC, Bhiwani in a complaint filed under Section 138 of the N.I. Act vide which the petitioner was convicted under Section 138 of the N.I. Act and sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.2,70,000/- to the complainant along with 9% interest per annum from the date of the cheque till the date of judgment along with default mechanism.
2. Brief facts of the case are that the petitioner and the complainant-respondent were having friendly relations and the petitioner borrowed a sum of Rs.2,70,000/- from the complainant and after passing of time, the petitioner had issued a cheque a bearing No.000018 dated 10.10.2017 amounting to Rs.2,70,000/- in favour of the complainant but the same was dishonoured. Then after complying with all the statutory norms the respondent lodged the complaint under Section 138 of N.I. Act before the trial Court. Upon consideration of trial, the petitioner was convicted and
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 may reduce a sentence based on the time already served and the overall circumstances of 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.
The court can reduce a sentence based on the time already served and the circumstances surrounding 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.
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