IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1590 of 2005 Date of decision: November 17, 2010 Ram Partap .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Narinder Singh, Advocate for the petitioner. Mr.Vivek Chauhan, AAG, Punjab for the respondent. A.N. Jindal, J The accused was charged under Section 408 IPC on the allegations that during his tenure as Secretary in the year 1985-86, 153 bags of urea and 56 bags of D.A.P. for which he could not account for. Accordingly, he was prosecuted, tried, convicted vide judgment dated 4.2.2000 passed by the Judicial Magistrate Ist Class, Muktsar, and sentencd to undergo rigorous imprisonment for 1- ½ years and to pay fine of Rs.500/-. His appeal was also dismissed by the Appellate Court vide its judgment dated 9.8.2005. At the very outset, learned counsel for the petitioner has not assailed the judgment of conviction but has undertaken to deposit an amount of Rs.65000/- in lump sum being the present price of the bags so misappropriated by him and has prayed for taking a lenient view in the matter. The accused admittedly is a first offender. The shortage was detected as far back as in the year 1993. He has been facing agony of the protracted proceedings since then and he has undertaken to deposit the lump sum amount of Rs.65000/- as price of these bags. He has already undergone more than one month of the substantive sentence. In these peculiar circumstances of the case it would be in the fitness of the things if some lenient view is extended to him. Resultantly, this revision petition is dismissed with the modification in the sentence that of already undergone by him without Criminal Revision No. 1590 of 2005 -2- *** alteration in the sentence of fine. However, he would deposit Rs.65000/- with the concerned society within three months from today failing which he shall serve the sentence as awarded by the trial court. Copy of the judgment be sent to the learned Chief Judicial Magistrate, Muktsar for compliance. November 17, 2010 (A.N. Jindal) deepak Judge