Criminal Revision No. 2481 of 2010 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2481 of 2010 (O&M) Date of Decision: 20.4.2011 Harcharan Singh …Petitioner Versus Rajinder Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.S. Batth, Advocate for the petitioner. Mr. Balraj Singh, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Harcharan Singh – petitioner had issued a cheque in favour of the complainant – respondent amounting to ` 2,40,000. The said cheque bounced and the complaint was filed by the respondent. The trial Court, vide its judgment dated 25.5.2009, had convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and vide a separate order dated 27.5.2009 sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of ` 5,000, in default whereof to further undergo simple imprisonment for a period of two months. The appellant filed an appeal against his conviction and sentence before the learned lower Appellate Court. The lower Appellate Criminal Revision No. 2481 of 2010 (O&M) 2 Court, vide its judgment dated 22.7.2010, dismissed the appeal and maintained the conviction and sentence of the petitioner. However, in a revision petition filed by the complainant-respondent for enhancement of the fine amount, the learned lower Appellate Court enhanced the fine from ` 5,000 to ` 2,45,000 out of which, an amount of ` 2,40,000 was ordered to be paid to the complainant as a compensation and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of three months separately. Counsel for the petitioner has contended that he will not assail the conviction and shall only pray to this Court that sentence of the petitioner be reduced adequately taking into consideration long pendency of the criminal proceedings. It has been further brought to my notice that the complainant had instituted another Complaint No. 194-2 of 2005 dated 4.10.2005 against the petitioner for non-encashment of the cheque amounting to ` 21,000, wherein the petitioner has also been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of ` 5,000, in default whereof to further undergo simple imprisonment for a period of two months. The revisional Court below had enhanced the fine to ` 26,000, out of which ` 21,000 was directed to be paid as a compensation to the complaint-respondent. After hearing learned counsel for the parties, I am of the considered opinion that ends of justice would be met adequately, if sentence of imprisonment is reduced from one year to ten months rigorous imprisonment awarded by the Courts below, however, sentence of fine and payment of compensation to the complainant is maintained. The sentence has been reduced primarily for the reason that the Criminal Revision No. 2481 of 2010 (O&M) 3 petitioner has suffered protracted trial for the last more than five years and is stated to be sole bread earner of the family. The sentence awarded in the connected revision petition viz. Criminal Revision No. 2448 of 2010 arising out of Criminal Complaint No. 194-2 of 2005 dated 4.10.2005 shall run concurrently along with the present case. The revision petition stands disposed of in the above terms. (Kanwaljit Singh Ahluwalia) Judge April 20, 2011 “reena/DK”