- (1.) Vide this order, above mentioned two petitions would be disposed of.
(2.) Petitioner Sohan Lal Bains had faced trial under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) in a complaint filed by complainant Rajiv Sood. Trial Court vide judgment/order dated 6.8.2004 ordered the conviction and sentence of petitioner Sohan Lal Bains under Section 138 of the Act. Aggrieved against the said order of his conviction and sentence, petitioner Sohan Lal Bains preferred an appeal and the same was dismissed by the Appellate Court vide order dated 2.3.2007. However, sentence awarded by the Trial Court to petitioner Sohan Lal Bains, was reduced from one year to six months.
(3.) Learned counsel for petitioner Sohan Lal Bains has submitted that the cheque amount in question was Rs. 12,000/-. The said amount has been duly deposited by petitioner Sohan Lal Bains with the Trial Court at the time of his release on bail in terms of the order passed by this Court vide order dated 12.3.2007. Learned counsel for petitioner Sohan Lal Bains has not challenged the conviction of the said petitioner under Section 138 of the Act but has submitted that the said petitioner be ordered to be released on probation as the cheque amount in question has already been deposited by petitioner Sohan Lal Bains. Since petitioner Sohan Lal Bains has already deposited the cheque amount in question, it would be just and expedient to order the release of petitioner Sohan Lal Bains on probation.;