Criminal Revision No. 553 of 1998 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 553 of 1998 Date of Decision: 12.5.2009 Darshan Lal …Petitioner Versus Amar Singh and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Deepak Gupta, Advocate for the petitioner. None for respondent No.1. Mr. Mehardeep Singh, Assistant Advocate General, Punjab , for respondent No.2-State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Darshan Lal is present along with his counsel Mr. Deepak Gupta, Advocate. Mr. Gupta, on instructions from petitioner Darshan Lal, has stated that petitioner was convicted under Section 138 of the Negotiable Instruments Act by the trial Court to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-, in default whereof to further undergo simple imprisonment for 15 days. Appeal filed by the petitioner was also dismissed. It is submitted that petitioner had issued a cheque bearing No. 701898 dated 25.7.1992 for Rs.10,000/-. The cheque was drawn on New Bank of India, Bharat Nagar Chowk, Ludhiana. The cheque had Criminal Revision No. 553 of 1998 2 bounced. The complainant had issued legal notice. Accused failed to pay the amount, resultantly, he was convicted and sentenced by the trial Court as mentioned above. Counsel for the petitioner has stated that out of six months petitioner has undergone one month & 22 days. Counsel further submits that the cheque was issued in the year 1992 and petitioner has suffered a protracted trial. Counsel further submitted that petitioner is ready and willing to deposit Rs.10,000/-, amount of the cheque. Taking into consideration petitioner has already undergone one month & 22 days and the cheque was issued in the year 1992, I am of the view that request made by counsel for the petitioner can be accepted. In case the cheque amount of Rs.10,000/- is deposited before the trial Court within three months, from the receipt of certified copy of the order, sentence awarded upon the petitioner shall stand reduced to already undergone. However, in case Rs.10,000/- is not deposited, the petitioner shall undergo the sentence awarded by the trial Court. The amount of Rs.10,000/- deposited by the accused/petitioner be disbursed to the complainant. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 12, 2009 “DK”