CRR No.311 of 2011 (O&M) -1- CRR No.311 of 2011 (O&M) ****** Malinder Singh Vs. Smt. Barjinder Kohli and anr. Present : Mr. Rajesh Narang, Advocate for the petitioner. Mr. A.K. Sharma, Advocate for the respondents. ******* AJAY TEWARI, J. (ORAL) On 07.02.2011 the following order was passed:- “This revision has been filed against the concurrent conviction of the petitioner under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel states that he is ready to pay the entire amount to the financier from whom loan was taken. Notice of motion for 21.02.2011. Dasti” Learned counsel for the respondents has brought to the notice of this Court that the cheque in question was of Rs.20,000/- and was issued in the year 2004. However, learned counsel for the petitioner has argued that the petitioner had deposited a sum of Rs.5000/- out of which 4500/- was to be defrayed to the complainant. In these circumstances, I deem it appropriate to order that in case the petitioner deposits an amount of Rs.40,000/- in the learned trial Court on or before 10.03.2011 his sentence shall be reduced to that he has already undergone. This amount (alongwith fine of Rs.4500/-) shall be released to the respondents. In case the amount is not paid this revision will be deemed to have been dismissed and the petitioner will be liable for arrest to serve out the remaining part of the sentence. CRR No.311 of 2011 (O&M) -2- Ordered accordingly. Let the petitioner be released forthwith. Learned counsel for the petitioner states that the petitioner is a Government servant and that this conviction may result in his dismissal. In my opinion, conviction under Section 138 of the Negotiable Instruments Act cannot be termed a conviction for offence involving moral turpitude and thus the question of dismissal of the petitioner from service may not arise. Petition stands disposed of. ( AJAY TEWARI ) February 25, 2011. JUDGE ashish