OMPATI Vs. STATE OF HARYANA
LAWS(P&H)-2011-3-281
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 25,2011

OMPATI Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

NAWAB SINGH, J. - (1.) THIS revision is directed against the judgment dated March 13th, 2006 passed by Additional Sessions Judge, Bhiwani affirming the judgment of conviction and order of sentence dated September 26th, 2003 of Judicial Magistrate First Class, Bhiwani, whereby, the petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of ' 5,000/- with default stipulation.
(2.) AT the outset, learned counsel for the petitioner submits that petitioner does not challenge the judgment of conviction and only prays for reduction of sentence. The grounds pleaded are that, (i) The petitioner is a widow; (ii) She has no source of income; (iii) The amount in question was Rs.30,000/-; (iv) She has faced the agony of protracted criminal proceedings spreading over a period of 10 years and; (v) She is not previous convict nor has she indulged in any criminal activity before or after registration of this case. Criminal Revision No. 721 of 2006 2
(3.) THE numerous grounds taken cumulatively are mitigating circumstance so this Court upholds the conviction of the petitioner but is inclined to reduce the sentence. It is further of the opinion that ends of justice shall be met if the petitioner is sentenced to the period already undergone by her and orders accordingly.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.