IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1566 of 2010 Date of decision: 6.8.2010 Charan Singh ......Petitioner Vs. The State of Punjab ...Respondent CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.Chaman Lal Pawar, Advocate, for the petitioner. Mr. R.S.Rawat, AAG, Punjab. **** ORDER The present revision petition has been filed against judgment dated 12.4.2010 passed by Sessions Judge, Jalandhar vide which the appeal filed by the petitioner against judgment of conviction and order of sentence dated 16.9.2008 passed by Chief Judicial Magistrate, Jalandhar has been dismissed. Notice of motion was issued in this case on 27.5.2010. Learned counsel for the petitioner at the very outset submits that since the petitioner has already undergone more than 9 months of sentence against the total sentence of one year, the sentence imposed upon him be reduced to the period already undergone as the petitioner has already faced the agony of protracted trial for the last more than 7 years, he is more than 60 years of age having five daughters and is a poor person having no criminal background. Learned counsel for the State has no objection to the submission Criminal Revision No. 1566 of 2010 [2] made by the learned counsel for the petitioner . I have heard the arguments of learned counsel for the parties and have also gone through the judgments passed by the courts below. In this case, FIR was registered on the basis of statement of Ranjit Singh complainant wherein it was stated that the petitioner received Rs.35,000/- for sending him abroad. The said amount was paid to the petitioner at Jalandhar Cantt. in presence of his wife Baljit Kaur. The petitioner took him to Bombay. His medical examination was also conducted by the petitioner but he was not sent abroad. He demanded back the money and accused returned Rs.7000/- and the remaining amount was not paid. On the basis of statement of the complainant and other evidence on record, learned Chief Judicial Magistrate Jalandhar convicted the accused under Section 420 IPC and sentenced him to undergo RI for one year and to pay fine of Rs.2000/- and in default of payment of fine to further undergo imprisonment for three months. Aggrieved against the judgment passed by the trial Court, the petitioner filed an appeal before the Sessions Judge, Jalandhar which was also dismissed. The present revision has been field against the impugned judgment passed by the Sessions Judge, Jalandhar. Learned counsel for the petitioner has restricted his prayer to the reduction of sentence keeping in view the fact that petitioner has suffered the agony of protracted trial for the last more than 7 years and has already undergone more than 9 months of actual sentence against the total sentence of one year. He is more than 60 years of age and is a poor man. Criminal Revision No. 1566 of 2010 [3] The prayer of the petitioner seems to be genuine. Under these circumstances, while maintaining the conviction of petitioner Charan Singh under Section 420 IPC, the sentence imposed upon him is reduced to the period already undergone by him. However, the sentence of fine will remain the same. The petition is disposed of accordingly. (DAYA CHAUDHARY) JUDGE August 6, 2010. raghav