In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Revision No.266 of 2009 ..... Date of decision:27.3.2009 Gurbachan Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. L.S. Sidhu, Advocate for the petitioner. Mr. A.S. Jattana, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. This criminal revision petition has been filed against the order dated 21.1.2009 passed by the learned Additional Sessions Judge, Amritsar whereby the appeal of the petitioner against the order dated 20.3.2008 passed by the learned Chief Judicial Magistrate, Amrtisar has been dismissed and the conviction of the petitioner for the offence under Section 420 Indian Penal Code has been upheld. However, the sentence of imprisonment of three years besides payment of fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months imposed by the trial Judge has been modified to imprisonment for six months instead of three years and the payment of fine and sentence of imprisonment in default of payment of fine has been kept intact. The prosecution case has been initiated on the complaint of Chief Judicial Magistrate, Amritsar who stated that the petitioner impersonated in a traffic challan case of a Tata Sumo vehicle which is in the Cr. Revision No.266/2009 [2] name of Mukhtiar Singh son of Surat Singh. The petitioner impersonated as Mukhtiar Singh and also signed in the challan register in the column of confession as Mukhtiar Singh. Later on inquiry, he admitted his name as Gurbachan Singh (petitioner) in the presence of the Reader and Ahlmad, besides Orderly as also the Summary Clerk of the Court. He also admitted these facts in the presence of Rachhpal Singh, Judicial Magistrate II Class, Amritsar, who was under training and was sitting with the Chief Judicial Magistrate. The accused has also admitted his fault in the presence of Shri M.S. Chhina, Advocate, District Courts, Amritsar. The petitioner showed one driving licence issued in the name of Harpreet Singh. For the impersonation, FIR was registered and the case investigated. On filing of challan evidence was led in the case. The learned Chief Judicial Magistrate, Amritsar after considering the evidence and material on record convicted the petitioner and sentenced him to undergo rigorous imprisonment for three years, besides to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months. In appeal, the sentence of imprisonment has been reduced to six months, while the sentence of fine has been left as it is. The petitioner aggrieved against the said order has filed the present petition. Learned counsel for the petitioner has submitted that it was a genuine bona fide mistake that was committed by the petitioner so as to clear the traffic challan. It is submitted that there was no intention to impersonate but it was only to make payment of the challan. Besides, it is submitted that the petitioner is a first offender and has not been convicted in any other case. Therefore, the benefit of probation is liable to be granted to him. Cr. Revision No.266/2009 [3] In response, learned counsel for the State has submitted that the sentence as imposed is just and adequate and keeping in view his conduct he is not entitled to any benefit. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner has appeared before the Chief Judicial Magistrate by impersonating himself as Mukhtiar Singh. His real intent was to pay the traffic challan of Tata Sumo vehicle which had been challaned. Besides, he was quite honest, inasmuch as, in the presence of the Court staff and under training Judicial Magistrate and also an Advocate of the District Courts, Amritsar, he accepted that he had impersonated. Besides, there is no other case registered against him. In the facts and circumstances, it would be just and expedient that the petitioner is granted the benefit of probation. Accordingly, the petitioner is ordered to be released on probation to maintain good conduct for a period of one year on his furnishing personal bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Amritsar and to appear and receive the sentence when called upon to do so during the said period and in the meanwhile to keep peace and maintain good behaviour. The petitioner shall file an undertaking that he shall not commit any offence during the aforesaid period. The amount of fine of Rs.2,000/- shall be treated as costs of the proceedings. In case the petitioner has deposited the amount of fine then that shall be converted to costs of the proceedings. The probation bond shall be furnished and the costs of proceedings, if not deposited, shall be deposited by the petitioner within one week from the receipt of certified copy of this order. On his doing the Cr. Revision No.266/2009 [4] needful, the petitioner shall be released from the custody, if not wanted in any other case. March 27, 2009. (S.S. Saron) Judge *hsp*