CHARANJIT SINGH Vs. BRIJ MOHAN GUPTA

JUDGEMENT

(1.) CHARANJIT Singh petitioner was convicted and sentenced by learned Chief Judicial Magistrate, jalandhar vide judgment and order dated 2. 5. 2006 to undergo rigorous imprisonment for one year and to pay fine of Rs. 3,000 and in default of payment of fine, to undergo further rigorous imprisonment for two months under Section 138 of the Negotiable instruments Act for dishonouring of two cheques for total amount of Rs. 15,000. Appeal preferred by the petitioner stands dismissed by learned Additional Sessions judge (Ad hoc), Fast Track Court, jalandhar vide judgment dated 7. 12. 2007. Feeling aggrieved, the petitioner has filed the instant revision petition wherein the petitioner offered to pay Rs. 15,000 (the amount of the disputed cheques) to complainant respondent No. l and also to pay some reasonable additional amount by way of compensation/interest. Thereupon, notice regarding sentence only was issued to complainant-respondent No. l.

(2.) LEARNED counsel for the petitioner contends that the petitioner is in custody since 7. 12. 2007 i. e. for the last about two months. Relying on Goa Plast (P) Ltd v. Chico Ursula d'souza and Ram Chand and another v. Punjab State, it is contended by learned counsel for the petitioner that the sentence of imprisonment of the petitioner be reduced to the period already undergone by him and the petitioner may be directed to pay reasonable amount of compensation to complainant respondent No. 1. It is pointed out that in the aforesaid two reported cases, double the cheque amount was ordered to be paid.

(3.) THE sentence of imprisonment for one year for cheque amount of Rs. 15,000 only is highly excessive.