Criminal Revision No.485 of 2002 Against the Judgment and order dated 21.3.2002 passed by the Additional Sessions Judge, Madhubani in Cri.Appeal no.3 of 1991. ========================================================== = Sudhir Chandra Jha....son of Late Ugranath Jha, resident of Village- Naryanpatti, P.S. Rajnagar, Distt.- Madhubani, at present posted as A clerk in Koilakh Hospital Rajnagar, Distt.-Madhubani. .... Petitioner. Versus 1.State Of Bihar 2.Smt.Prabhavati Devi, Mahila Pariwar Kalyan Karyakart, Rajnagar Pariwar Niyojan Kendra, P.S. Rajnagar, District- Madhubani. .... .... Opposite Parties. ========================================================== = For the Petitioner :Mr. Satish Chandra Jha, Advocate. For the O.Party : Mr.Amitesh Kumar, Advocate. For the State : Mr.Indu Bala Pandey, A.P.P. ========================================================== P R E S E N T HON’BLE MR. JUSTICE AMARESH KUMAR LAL Amaresh Kumar Lal, J. The accused petitioner has preferred the revision application against the Judgment and order dated 21.3.2002 passed by the learned 2nd Additional Sessions Judge, Madhubani, in Criminal Appeal No.3 of 1991 confirming the Judgment and order dated 24.1.1991 passed by the learned Judicial Magistrate Ist Class, in C.R.Case No.33/88 / T.R.No.316 of 1990 by which the petitioner has been convicted and sentenced to undergo rigorous imprisonment for 1 ½ years and fine of Rs.500/-. Patna High Court CR. REV. No.485 of 2002 dt.25-10-2011 2 2. The prosecution case is that the complainant was a worker in Rajnagar Pariwar Kalyan Kendra and she was granted average pay for her leave for the period w.e.f. 5.7.1979 to 8.9.1979 and 9.9.1979 to 27.11.1979 for total period of 80 days’ leave. The leave was sanctioned and accordingly the petitioner withdrew a sum of Rs.919.64 paise from the State Bank of India,Madhubani, on 11.10.1980 by Advice No.1754 but the amount was neither given to the complainant nor it was deposited vide chalan. Thus, he committed offence under section 409 of I.P.C. 3. After enquiry accused petitioner was summoned and after the trial he was convicted and sentenced to undergo rigorous imprisonment for one year six months and fine of Rs.500/- under section 409 of I.P.C. vide Judgment and order dated 24.1.1991 by the learned court below. Thereafter the petitioner filed Cr.Appeal No.3 of 1991 which has been dismissed vide impugned order confirming the conviction and sentence passed by the learned trial court. 4. Heard the learned counsel for the petitioner and the learned counsel for the State. 5. It appears that a complaint case had been filed on 16 .1.1981 for the occurrence took place on 11th October, 1980, more than thirty years have passed. The petitioner is suffering from mental agony. It has also come during the trial that out of Rs.919/- the complainant has received later on Rs.850/- and the rest amount has been Patna High Court CR. REV. No.485 of 2002 dt.25-10-2011 3 deposited in cash book. It appears that the petitioner has no criminal antecedent. He has also been in custody for more than three months. 6. Considering the facts and circumstances the sentence of the petitioner deserves to be modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody. 7. With the modification in sentence this petition stands disposed of. Patna High Court, The 25th October,2011. AnilKrSinha/N.A.F.R. (Amaresh Kumar Lal)