Crl. Rev no.1322 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev no.1322 of 2011 (O&M) Decided on : 15-07-2011 Pawan Kumar and another ....Petitioners VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Mohit Garg, Advocate for the petitioners Mr. B.B.S.Teji, Sr. DAG, Punjab MAHESH GROVER, J Learned counsel for the petitioners without addressing this Court on merits contends that the sentence of the petitioners be reduced to that of already undergone for the reason that they have already undergone sentence for a period of about 2 months of the total sentence of two years and they have never been involved in any offence earlier. I have considered the prayer which has been made before this Court in the backdrop of the facts which led to the conviction of the petitioners. They were accused of dishonestly inducing the complainant to part with 154 bags of cattle feed which was mis-appropriated. Learned Trial Court and the First Appellate Court perused the material on record to record the conviction of the petitioners. Their identity was fully established as also the entire consignment has been recovered from them. Therefore, the case against them stood established and they were convicted to undergo sentence for a period of two years and to pay fine of Rs.1000/-. No legal infirmity is evident in the impugned order and Crl. Rev no.1322 of 2011 (O&M) 2 therefore, it does not warrant any interference in so far as the conviction of the petitioners is concerned. However, it is stated before this Court that petitioners are first offenders and that they have already undergone about 2 months of the total substantive sentence awarded to them. Having regard to the aforesaid facts, I am of the considered opinion that the ends of justice would be squarely met if the sentence of the petitioners is reduced to that of already undergone and instead, the fine component of the sentence be enhanced. Accordingly, the petitioners would now be required to pay Rs.30,000/- as fine which shall be deposited by them within a period of 4 weeks from the date of the passing of the order. The fine so deposited before the learned Trial Court shall be paid to the complainant on due notice. It is made clear that in case of default of the deposit of the enhanced amount of fine within the stipulated period, the order of sentence shall automatically stand revived. Disposed of. July 15, 2011 (Mahesh Grover) rekha Judge