Criminal Revision No. 1815 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1815 of 2008. Date of Decision: 16.2.2011. Bagicha Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Bagicha Singh-petitioner in custody with Mr. M.K. Garg, Advocate. Mr. Ranvir S. Chauhan, DAG, Punjab, for the respondent-State. NAWAB SINGH.J (ORAL) This revision is directed against the judgment dated August 19th, 2008 passed by Sessions Judge, Kapurthala affirming the judgment of conviction and order of sentence dated May 8th, 2007 of Judicial Magistrate First Class, Phagwara whereby petitioner was convicted under Section 420 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.4000/- with default stipulation in case bearing First Information Report No. 150 dated August 28th, 2002 under Sections 406 and 420 IPC and Section 24 of Emigration Act, 1983, Police Station Sadar, Phagwara. The allegations against the petitioner are that in the year 1999 he took an amount of Rs.63,000/- from Jaspal Singh to send him to Itally but neither he was sent to Itally nor did the petitioner return him money. Learned counsel for the petitioner has contended that the petitioner has already undergone actual sentence of 5 months and 4 days and is ready to pay the amount to the Criminal Revision No. 1815 of 2008 2 complainant within 45 days. The petitioner is only bread winner of his family. He has already faced the agony of criminal protracted proceedings spreading over a period of 9 years. In view of above, conviction of the petitioner is maintained. However, the sentence is reduced to the period already undergone provided he deposits the amount of Rs.63,000/- in the trial Court on or before April 1st, 2010. The trial Court shall issue notice to Jaspal Singh-complainant and disburse the amount to him after due verification. If the petitioner does not deposit the amount, the judgments and orders passed by the Courts below will revive and the trial Court shall take the petitioner in custody and send him to jail to serve the remaining part of his sentence. The petitioner who is now in custody is ordered to be released. 16.2.2011 (NAWAB SINGH) SN JUDGE