Criminal Revision No.1378 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1378 of 2008 Date of Decision: September 01, 2010 Harjeet Kaur .......Petitioner Versus Gurdev Singh .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mrs.Naveen Malik, Advocate for the petitioner. <><><> JITENDRA CHAUHAN, J. 1. The petitioner was tried by the Court of Judicial Magistrate Ist Class, Chandigarh (hereinafter referred as “trial Court”) under Section 138 of the Negotiable Instruments Act on the allegation made by Gurdev Singh, complainant, that accused, namely, Smt.Harjit Kaur (petitioner herein) issued a cheque No.247161 dated 25.9.1992 for a friendly loan of Rs.2,17,000/-, but when the same was presented to the Banker, it was returned unpaid with the remarks “signature differs”. 2. On conclusion of trial, the learned trial Court held the petitioner guilty under Section 138 of the Negotiable Instruments Act and Criminal Revision No.1378 of 2008 -2- accordingly, sentenced her to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. 3. On appeal by the accused-petitioner, the lower appellate Court dismissed the same. Hence, the present revision by the petitioner. 4. The revision petition was admitted on 31.7.2008 and the sentence of the petitioner was suspended on 22.8.2008. 5. Learned counsel for the petitioner does not dispute the findings of the learned Courts below on merits and confines his argument for the reduction of sentence mainly on the ground that the present petitioner has faced the agony of protracted trial for the last about 18 years. The petitioner is stated to have already undergone sentence of 01 month and 12 days. 6. Undisputedly, the present petitioner is facing the agony of protracted trial for the last about 18 years and by now, has also undergone sentence of 01 month and 12 days. In my view, the ends of justice would be sufficiently met if the sentence awarded to the accused-petitioner under Section 138 of the Negotiable Instruments Act is reduced to the period already undergone by her in view of the mitigating factors referred above. 7. Accordingly, the conviction of the petitioner is maintained. But the sentence awarded to her is reduced to the period already undergone. However, the amount of fine stands enhanced to Rs.10,000/- without prejudice to complainant's rights to avail any other remedy in accordance with law. The amount of enhanced fine shall be deposited with the Chief Judicial Magistrate, Chandigarh within a period of three months from the date of receipt of a certified copy of this order. In case of non-payment of Criminal Revision No.1378 of 2008 -3- amount of enhanced fine, the present revision shall be deemed to have been dismissed. 8. With the above modification/direction, the present criminal revision stands disposed of. ( JITENDRA CHAUHAN ) September 01, 2010 JUDGE SRM Note: Whether to be referred to reporter ? Yes/No