IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition 1183 of 2011 Date of Decision : August 17, 2011 Balwant Singh ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Vikas Sharma, Advocate Mr. Parampreet Singh Paul, Deputy Advocate General, Pb T.P.S. MANN, J. (Oral) The petitioner has filed the present petition with a prayer for issuance of directions to the respondent to release him by giving him the benefit of remissions granted by the State of Punjab vide order dated 11.4.2011 (Annexure P-1). The petitioner stands convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/-. According to him, he is in custody since 20.9.2010 and as of date, has undergone about eleven months out of the sentence imposed upon him. On 14.4.2011, the Government of Punjab granted remissions of sentence by two months on the occasion of 'Baisakhi' to the prisoners undergoing sentence below three Crl. Writ Petition 1183 of 2011 -2- years. As the petitioner had been sentenced to undergo rigorous imprisonment for one year, he is entitled to the aforementioned remssions of two months. Learned State counsel has drawn the attention of the Court to Clause 3 of the aforementioned order Annexure P-1 wherein it stands mentioned that no benefit of the remissions could be extended to a person convicted for the offence committed under the Central Law and as the petitioner has been convicted and sentenced under Section 138 of the Negotiable Instruments Act, which is a Central Law, he cannot be extended the benefit of the remissions. After hearing learned counsel for the parties, the Court finds that though the Government had granted various remissions to the convicts on the occasion of 'Baisakhi', yet it was clearly stipulated in the order Annexure P-1 that no benefit of the same could be extended to a convict, who had been convicted for an offence committed under any Central Law. The Negotiable Instruments Act is a Central law and, therefore, the petitioner, who stands convicted for committng an offence under the said Act, is not entitled to the grant of benefit of remissions as per order dated 11.4.2011 (Annexure P-1). In view of the above, there is no merit in the present petition, which is, accordingly, disposed of. Crl. Writ Petition 1183 of 2011 -3- ( T.P.S. MANN ) August 17, 2011 JUDGE ajay-1