CRR No.959 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR No.959 of 2010 Date of decision:- 26.08.2011 Anurag Jain ....Petitioner Vs. Gaurav Ghai ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. C.B. Kaushik, Advocate, for the petitioner. ***** A.N. JINDAL, J (ORAL) Assailed in this petition is the judgment dated 15.03.2010 passed by the Addl. Sessions Judge, Fast Track Court, Ludhiana, dismissing the appeal preferred by the accused- petitioner (hereinafter referred to as 'the petitioner') against the judgment of conviction and sentence dated 13.03.2009 under Section 138 of the Negotiable Instruments Act, 1881, passed by the Judicial Magistrate, Ist Class, Ludhiana. No meaningful argument has been raised by learned counsel for the petitioner to assail the conviction. Even otherwise, having scrutinized the impugned judgments, the same appear to be well founded. The only argument raised, is that the petitioner is ready with the cheque for the amount of Rs.20,000/-, payable to CRR No.959 of 2010 2 the respondent, therefore, some leniency may be shown on the quantum of sentence. Having gone through the circumstances of the case, it appears that the case is lingering on since 23.12.2005; the petitioner has already undergone 1½ months of the sentence and he is stated to be the first offender. During arguments, he has also agreed to pay further sum of Rs.5000/- on account of interest, in addition to the cheque amount. In the peculiar circumstances of the case, this petition is dismissed with modification in the sentence to the extent that the petitioner is directed to be released on probation on his furnishing personal bonds in the sum of Rs.5000/- with one surety in the like amount to keep peace and be of good behaviour for one year and in case of breach of conditions of the bond, he will be ready to serve sentence as and when called for, subject to the condition that he shall deposit a sum of Rs.25,000/- before the Chief Judicial Magistrate, Ludhiana, within one month from today with intimation to the complainant. Thereafter, the said amount shall be disbursed to the complainant against proper identification. Copy of the judgment be forwarded to the Chief Judicial Magistrate, Ludhiana, for compliance. (A.N.JINDAL) 26th August, 2011 JUDGE ajp