IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2285 of 2003 Date of decision: 26th May, 2009 Minder Singh @ Mohinder Singh … Petitioner Versus Baldev Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.S. Bhatia, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner in the present case, has been convicted and sentenced by the Court of Judicial Magistrate (1st Class), Malerkotla to undergo rigorous imprisonment for six months under Section 138 of Negotiable Instruments Act. He was also fastened with a fine of Rs.1000/-. In default of payment of fine petitioner had to undergo simple imprisonment for seven days. Aggrieved against the order passed by Judicial Magistrate (1st Class), Malerkotla, petitioner filed an appeal. The same was dismissed. In the present case, petitioner, as a Proprietor of M/s Lotey Mechanical Works, near Railway Crossing, Raikot Road, Malerkotla, had issued a cheque in favour of the complainant Baldev Singh. The cheque was issued for an amount of Rs.17,000/-. The cheque was not honoured due to insufficiency of funds and the complainant served a statutory notice and thereafter, instituted a complaint. Complainant himself appeared as CW-1, examined Noordin as CW-2, who proved notice issued by counsel, Criminal Revision No. 2285 of 2003 Mr.A.K. Diwan. Nirmal Singh was examined as CW-3. He proved the memo issued by the Bank, whereby the cheque was returned with remarks ‘insufficient funds’. Present revision petition has been filed for setting aside the conviction and sentence awarded to the petitioner by two courts below. Mr. J.S. Bhatia appearing for the petitioner has stated that he will not be in a position to assail the conviction of the petitioner, as the two courts below, following essential ingredients of the evidence, have found the petitioner guilty. Counsel has submitted that in the order, where quantum of sentence was determined, it was noticed that petitioner was an old age person and usually remain sick. Counsel has further submitted that the cheque was issued in year 1998. Petitioner has already suffered a protracted trial of about ten years. Petitioner was taken into custody on 10th October, 2003 and he was granted bail by this Court on 27th January, 2004. Petitioner has undergone 3 months and 17 days out of his actual sentence of six months. Taking into consideration the old age of the petitioner and the fact that he has already suffered a protracted trial, sentence awarded upon the petitioner is reduced to already undergone. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 26, 2009 rps 2