IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Revision No. 755 of 2002 Date of Decision: February 11 2009 Madan Lal ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.K.S.Dhaliwal, Advocate for the petitioner. Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Petitioner-Madan Lal was convicted for an offence under Section 409 of the Indian Penal Code (hereinafter referred to as `IPC') by the Chief Judicial Magistrate, Jind vide judgment dated 24.11.1998. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5000/- under Section 409 IPC . Aggrieved by the same, petitioner filed an appeal and the Additional Sessions Judge, vide order dated 11.3.2002 dismissed the appeal. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “ In brief the case of the prosecution is that one letter No.E- 4/2/89-90 dated at Karnal the 1.9.89 was received by SHO, P.S.Sadar, Jind from the office of Sr.Supdt. Of Post Office, Karnal Crl. Revision No. 755 of 2002 -2- through Supdt. of Police, Jind on the basis of which the present case was registered against the accused on the allegations that in the year 1987, 1988 and 1989 appellant Madan Lal was posted as Branch Post Master, Post Office, Igrah. He was entrusted with certain amounts but he committed alleged criminal breach of trust in respect of those amounts, the details of which are given as under:- 1. A sum of Rs.1650/- in A/c No. 7014830 in the name of Smt. Roshni Devi; 2. A sum of Rs. 20/- in A/c No. 7015513 in the name of Raghbir Singh; 3. A sum of Rs.2800/- in RD A/c No. 22696 in the name of Shri Hanuman; 4. A sum of Rs.675/- in S.B.A/c No.7014775 in the name of Smt.Phulli Devi; 5. A sum of Rs.3700/- in S.B. A/c No.7015516 in the name of Kartar Singh; 6. A sum of Rs.675/- in S.B. A/c No.7014870 in the name of Smt.Santra Devi; 7. A sum of Rs.500/- in S.B. A/c No.7016681 in the name of Smt.Rajbala; 8. A sum of Rs.3000/- in R.D. A/c No.27518 in the name of Bhim Singh; 9. A sum of Rs.13700/- in S.B. A/c No. 7014846 in the name of Smt. Anguri Devi; Crl. Revision No. 755 of 2002 -3- 10. A sum of Rs.500/- in R.D. A/c No.21610 in the name Hawa Singh; 11.A sum of Rs.900/- in R.D. A/c No. 20018 in the name of Dalbir Singh; 12.A sum of Rs.800/- in R.D. A/c No.21361 in the name of Kuldeep Singh; 13.A sum of Rs.50/- in R.D.A/c No.23935 in the name of Shri Ram Karan; 14.A sum of Rs.2000/- in R.D, A/c No.23568 in the name of Kartar Singh; 15.A sum of Rs.27,000/- in R.D.A/c No. 27312 in the name of Smt. Parmeshwari Devi. During investigation the record of post office was taken into possession, statements of the witnesses were recorded under Section 161 Cr.P.C. Accused was arrested and interrogated. After the completion of the investigation report u/s 173 Cr.P.C. was prepared and put in Court for trial of the accused by the SHO, P.S.Sadar, Jind." During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 409 IPC. Learned counsel for the petitioner has submitted that the petitioner has undergone about two years of actual sentence. The petitioner has been facing trial since the year 1989. Out of the alleged amount of misappropriation, Rs.10,000/- were recovered during departmental proceedings. Crl. Revision No. 755 of 2002 -4- Keeping in view the facts and circumstances of this case, it is a fit case where sentence of imprisonment is liable to be reduced to already undergone by the petitioner. However, the sentence qua fine is liable to be enhanced. Accordingly, the conviction of the petitioner under Section 409 IPC, as ordered by the Courts below, is maintained . The sentence qua imprisonment is reduced to already undergone by the petitioner and the sentence of fine is enhanced from Rs.5000/- to Rs. 10,000/-. Petitioner is directed to deposit the enhanced amount of fine within two months from today failing which the revision petition shall stand dismissed With this modification, the revision petition stands disposed of. ( Sabina ) Judge February 11, 2009 arya