Crl. Revision No. 1618 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1618 of 2011 (O&M) Date of decision:- 15.09.2011 Narinder Singh ....Petitioner Vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. K.S. Sidhu, Senior Advocate, with Mr. G.S. Sidhu, Advocate, for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G., Punjab. ***** A.N. JINDAL, J (ORAL) Custody certificate produced by Mr. Baljinder Singh Sra, Addl. A.G., Punjab, is taken on record. This petition assails the judgment dated 18.07.2011 passed by the Sessions Judge, Patiala, dismissing the appeal of the petitioner against the judgment dated 14.01.2009 passed by the Sub Divisional Judicial Magistrate, Rajpura, convicting and sentencing him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5000/- under Section 409 IPC. However, the first Appellate Court reduced the sentence to one year and enhanced the amount of fine to Rs.12,000/-. The petitioner was working as Octroi Inspector with Municipal Council, Rajpura, in the year 1999. On 13/14.01.1999, Crl. Revision No. 1618 of 2011 (O&M) 2 he had visited the Octroi posts and collected a sum of Rs.46,350/- therefrom, to deposit the same with the Municipal Council, but he remained absent with effect from 15.01.1999 onwards and did not deposit the said amount. Consequently, the Executive Officer had issued a letter No.413/OCT dated 19.01.1999 directing the petitioner to deposit the sum, so collected, but he failed to do the needful. However, on 05.02.1999, he submitted an application, Ex.DB to the Executive Officer, indicating his inability to deposit the said amount and ultimately, on 10.02.1999, he deposited only Rs.39,350/- with the Municipal Council. Consequently, on account of this temporary embezzlement made by the petitioner, a case was registered against him on 26.09.1999 under Section 409 IPC. The case was investigated and a charge report was submitted against him. After framing of the charge, the prosecution in order to seek a verdict against the petitioner, examined 11 witnesses. When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against him and claimed trial. Ultimately, the trial resulted into conviction. However, his appeal was dismissed with modification in the sentence to one year. There is no denying a fact that the petitioner had collected a sum of Rs.45,350/- from different Octroi posts for depositing the same in the Municipal Council and out of which, admittedly, he has deposited Rs.39,350/- on 12.02.1999. Despite notices, Ex.PW3/C and Ex.PW3/D issued to him, he did not deposit the remaining sum of Rs.7,000/-. Crl. Revision No. 1618 of 2011 (O&M) 3 There is a lot of evidence with regard to collection of money and deposit of Rs.39,350/-. The petitioner has also admitted that he has already deposited the remaining sum of Rs.7000/- with the Municipal Council. However, the said amount was recovered from him by imposing a fine of 12,000/-, which the Appellate Court had ordered on 18.07.2011. Learned counsel for the petitioner has submitted that this amount was deposited by him. Faced with this situation, without further urging any point on the judgment of conviction, learned counsel for the petitioner has only sought indulgence of this Court to take some lenient view on the quantum of sentence. The petitioner, admittedly, is an old man. He appears to have committed temporary embezzlement of Rs.39,350/- and paid remaining sum of Rs.7000/-, due against him, which has been recovered out of fine. He has already undergone 1 month and 24 days out of the substantive sentence. The petitioner is likely to suffer the music of judgment of conviction, which may affect his service career also. As such, the ends of justice would be met, if the sentence awarded against him is reduced to some extent. Resultantly, this petition is dismissed with modification in the sentence, which is reduced to three months, without any alteration in the sentence of fine. (A.N.JINDAL) 15.09.2011 JUDGE ajp