IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Revision No. 1930 of 2011 (O&M) Date of decision: August 26, 2011 Sudesh Kumar .. Petitioner Vs. Darshan Singh .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. A.S. Manaise, Advocate for the petitioner. A.N. Jindal, J Assailed in this petition is the order dated 18.8.2011 passed by the learned Additional Sessions Judge, Gurdaspur, dismissing the appeal preferred by the accused- petitioner (herein referred as, 'the accused') against the judgment dated 19.3.2010 passed by the Judicial Magistrate Ist Class, Gurdaspur, convicting and sentencing him to undergo rigorous imprisonment for two years and to pay fine of `5000/- under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner without assailing the judgment of conviction has only urged for taking lenient view on the quantum of sentence and to extend him the benefit under the Probation of Offenders Act, 1958. He has also offered to deposit the cheque amount along with additional `20,000/- before the trial court. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. Both the courts below have returned concurrent findings of fact regarding the guilt of the accused. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this court. As such, no exception could be made to the findings returned by the courts below, at this revisional stage. Now coming to quantum of sentence, keeping in view the facts and peculiar circumstances of the case and the fact that the petitioner is ready to pay the cheque amount, I am of the opinion that the ends of justice would met if some leniency is extended to him. Crl. Revision No. 1930 of 2011 (O&M) -2- Resultantly, this petition is dismissed and the sentence passed against the petitioner is modified to the extent that he be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 on his executing a bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Gurdaspur, for a period of one year within which period he shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, he will be ready to serve sentence as and when called for. However, it is further directed that the petitioner would deposit `70,000/- in total i.e. `50,000/- cheque amount and `20,000/- on account of compensation within one month from today before the trial court which would be paid to the complainant, failing which this petition would be treated as dismissed in toto. Since it is a money dispute, therefore, this order of probation will not effect the service career of the petitioner. August 26, 2011 (A.N. Jindal) deepak Judge