SANDEEP MEHTA,J. - (1.) By way of this revision, the petitioner accused has approached this Court for challenging the judgment dated 17.5.2013 passed by the learned Additional Sessions Judge No. 2, Udaipur in Cr. Appeal No. 125/2012 affirming the judgment dated 19.3.2012 passed by the learned Judicial Magistrate, First Class, City North, Udaipur in Regular Criminal Case No. 268/2011 whereby, he stand convicted for the offence under section 138 of the Negotiable Instruments Act and was sentenced to 4 months S.I. and to pay compensation to the tune of Rs. 32,000/- to the respondent no. 1 complainant.
(2.) The dishonoured cheque issued by the accused to the complainant was for a sum of Rs. 24,000/-. While suspending the sentence awarded to the petitioner vide order dated 26.8.2013, this Court directed that he shall deposit a demand draft for a sum of Rs. 24,000/- in favour of the complainant. The said demand draft has been furnished and is available on the file. The petitioner has suffered custodial period of about 12 days.
(3.) Learned counsel for the petitioner does not challenge the petitioner's conviction but prays that the substantive sentence awarded to him by the Court below and affirmed by the appellate Court for the offence under section 138 of Negotiable Instruments Act may be reduced to the period already undergone by him in view of the fact that the petitioner has deposited the cheque amount through demand draft payable to the complainant.;