Cr. Revision 124 of 2010 27.09.2010 Present: Mr. Inderjeet Singh Narwal, Advocate for the petitioner. Mr. MS Thakur, Advocate for respondent No.1. Mr.P.K.Sharma, Additional Advocate General with Mrs. Shubh Mahajan, Deputy Advocate General, for the respondent No.2. The petitioner is aggrieved by his conviction by the two Courts below under Section 138 of Negotiable Instrument Act. The learned Trial Court on consideration of the evidence concluded that a cheque for Rs.75,000/- was issued by the petitioner for consideration which amount was not paid to the respondents. The learned Trial Court awarded compensation of Rs.78,000/- to the respondents and six month simple imprisonment to the petitioner. These findings were also affirmed by the Appellate court. The petitioner again seeks to re-agitate, those points which have already been considered by the learned Court below. After going through the judgment, I have not been persuaded to hold that the petitioner has not committed any offence under Section 138 of the Act of the aforesaid or that the cheque issued was without consideration. There is no merit in this petition, which is dismissed. Learned counsel appearing for the petitioner submits that Rs.35,000/- stands already paid to the respondents. Taking into consideration the totality of the facts and circumstances of the case, the sentence imposed upon the petitioner is modified to the extent that, he shall not undergo imprisonment. He will pay to the respondents a sum of Rs.80,000/- in all. A sum of Rs.35,000/- already paid shall be adjusted against this amount. It is clarified that in case, this amount is not deposited within a period of 4 months from today, the sentence will re-vive. The petition is disposed of. (Dev Darshan Sud) Judge September 27, 2010 Ls