Criminal Revision No. 157 of 2009 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 157 of 2009 Date of Decision : 22.2.2011 Ram Dhan Goyal ......Petitioner Versus State of Haryana ......Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. B.R.Gupta, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, D.A.G. Haryana. for the respondent-State. NAWAB SINGH J. (Oral) This revision is directed against the judgment dated January 8th, 2009 passed by Additional Sessions Judge, Bhiwani, affirming the judgment of conviction and order of sentence dated July 14th, 2003 of Sub Divisional Judicial Magistrate, Charkhi Dadri, whereby, the petitioner along with Raghuvar Dayal Aggarwal (since deceased) was convicted and sentenced as under: - Offence U/S Sentence Fine In default 408 IPC RI for 3 years ` 2000/- SI for 3 months 467 IPC RI for 3 years ` 2000/- SI for 3 months 468 IPC RI for 3 years ` 2000/- SI for 3 months 471 IPC RI for 2 years ` 1000/- SI for 1 month 201 IPC RI for 1 year ` 1000/- SI for 1 month 120-B IPC RI for 1 year ` 1000/- SI for 1 month The sentences were ordered to run concurrently. 2. At the outset, learned counsel for the petitioner has urged that he does not challenge the judgment of conviction on merits and confines his arguments only regarding quantum of sentence. The grounds pleaded are that (i). allegations against the Criminal Revision No. 157 of 2009 2 .. petitioner were that he misappropriated the amount lying in the bank accounts of the customers, viz. Hem Raj, Gurdayal, Vijeta, Chaman Lal and Krishan Lal, (PW-1, PW-2, PW-3, PW-5 and PW-7 respectively), but none of them supported the prosecution case, meaning thereby, amount was not misappropriated by the petitioner; (ii). R.P.Sharma, Manager, State Bank of Patiala (PW-6) in his statement deposed that neither any substantial loss has been caused to the bank nor to the customers, except that there were a few entries in the accounts of the customers, which show that fraud was played upon them by the petitioner; (iii). petitioner had undergone heart-surgery in the year 1999 and even now has developed heart problem, as is evident from medical record of Fortis Hospital, Noida (Annexure P/2); (iv) petitioner is in his 70s; (v). he has undergone actual sentence of 4 months; (v) he has already lost his job on account of registration of present case vi). he has faced the agony of protracted criminal proceedings spreading over a period of 15 years and vii) he is not previous convict. 3. The numerous grounds taken cumulatively are mitigating circumstances so, this Court upholds the conviction of the petitioner but is inclined to reduce the sentence. It is further of the opinion that ends of justice shall be met if the petitioner is sentenced to the period already undergone by him and orders accordingly. 4. The revision is accepted partly as indicated above. (NAWAB SINGH) JUDGE 22.2.2011. som