Crl.RevisionNo.428 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision. No.428 of 2005 Date of decision:6.01.2009 Saun Singh ........Petitioner Versus State of Punjab .......Respondent BEFORE: Hon'ble Mrs. Justice Sabina Present: Mr. Surinder Garg, Advocate for the petitioner. Sh. Amandeep Singh Rai, AAG Punjab Sabina, J. Petitioner Saun Singh was convicted under Section 408 IPC and was sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs. 3,000/- by Judicial Magistrate Ist Class, Faridkot vide judgment and order dated 29th April, 2004. Appeal filed by the petitioner against the said judgment and order was dismissed by the Additional Sessions Judge, Faridkot vide judgment dated 28th January, 2005. Hence, the present Revision Petition. Learned counel for the petitioner has not challenged the conviction of the petiitoner under Section 408 IPC. The learned counsel has challenged only the sentence awarded by the courts below to the petitioner. Crl.RevisionNo.428 of 2005 2 Learned counsel has further submitted that the petitioner was not a previous convict. The incident of embezzlement related to the years 1979/80. FIR was however, registered in the year 1993 and since then the petitioner was facing the criminial proceedings for the last 15 years. The learned counsel has further submitted that the petitioner had undergone four months of actual sentence Accordingly, the conviction of the petitioner under Section 408 IPC as ordered by the courts below is maintained. However, keeping in view the averments made by the learned counsel for the petitioner, the sentence of imprisonment awarded to the petitioner is liable to be reduced to already undergone by him. Hence, the sentence of imprisonment of the petitioner is reduced to already undergone by him. This revision petition is disposed of accordingly. [SABINA] JUDGE 6th January, 2009 SKaushik