Criminal Revision No. 227 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 227 of 2010 (O&M) Date of decision: 22.2. 2010 Madan Lal Aneja ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Gorakh Nath, Advocate for Mr.Rahul Vats, Advocate, for the petitioner. Mr.H.S.Beniwal, DAG, Haryana. **** SABINA, J. Petitioner was convicted for an offence under Section 409 of the Indian Penal Code (“IPC” for short), vide judgment dated 14.8.2007 passed by the Judicial Magistrate, Ist Class, Hisar. Vide order dated 23.8.2007, the petitioner was sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs.3,000/-. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 22.1.2010 passed by the Additional Sessions Judge, Hisar. However, sentence of the appellant was reduced from two years rigorous Criminal Revision No. 227 of 2010 (O&M) 2 imprisonment to six months rigorous imprisonment. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “ The case of the prosecution, in brief, is that on 31.3.1994 Executive Engineer, Hisar Linning Division No.4 MITC, Hisar moved an application Ex.P1 to the police alleging therein that Madan Lal Aneja (accused), Head Assistant was working in their Division from 1.3.1990 to 4.3.1993. He was assigned to deal with the court cases on behalf of the Division in appeal case titled as Ram Parshad Vs. MITC pending in the court of District Judge, Hisar. A fine of Rs.13,893/- was deposited by the department on 1.6.1990 through cheque No.QNB 241543 dated 1.6.1990 in the office of Authority under the Payment of Wages Act, 1936 Hisar Circle. That appeal was decided in favour of MITC on 5.9.1991. The office applied for refund of Rs.13,893/- on 15.10.1991 and again reminder was sent on 13.11.1991. Later on all the cases were withdrawn by Ram Parsad Ziledar on 21.2.1994. Sh.Mani Ram, Assistant to the office of MITC was deputed to collect the payment of Rs.13,893 but it came to the notice of the department that M.L.Aneja (accused) had got the refund on behalf of the division in Criminal Revision No. 227 of 2010 (O&M) 3 cash on 5.2.2002 and did not deposit the same in the Division and thereby misappropriated the Government funds. On the basis of applications, present case was registered. Investigation was carried out and the accused was arrested. On completion of all the necessary formalities challan under Section 173 Cr.P.C. was submitted. After supplying copies of challan, accused- appellant M.L.Aneja was charge sheeted for the offence under Section 409 IPC, the learned trial Court to which the accused pleaded not guilty and claimed trial.” Learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 409 IPC but has submitted that sentence qua imprisonment be reduced to already undergone by him. Learned counsel has further submitted that the amount involved in this case was Rs.13,893/- and the said amount had been deposited subsequently by the petitioner with the department. The occurrence was alleged to be of February 1992, whereas, the FIR was registered in the year 1994. The petitioner is facing the criminal proceedings since then. Now the petitioner has since been retired. Keeping in view the submissions made by learned counsel for the petitioner, the sentence qua imprisonment of the petitioner is liable to be reduced to as already undergone by him As per the custody certificate placed on record by the learned State counsel, the petitioner has undergone one month of Criminal Revision No. 227 of 2010 (O&M) 4 actual sentence and is not involved in any other criminal case. Accordingly, conviction of the petitioner under Section 409 IPC is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. Fine is stated to have already been deposited. The petitioner be set at liberty forthwith. The petition stands disposed of accordingly. (SABINA) JUDGE February 22, 2010 anita