Crl.Revision No. 277 of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh Crl.Revision No. 277 of 2009 Date of Decision:May 25, 2009 Sukhdev Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Arun Takhi ,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Sukhdev Singh-petitioner was convicted for an offence under Section 408 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 9.4.2002 passed by Judicial Magistrate Ist Class, Hoshiarpur. Vide order of even date passed by learned Judicial Magistrate Ist Class, Hoshiarpur, petitioner was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 4000/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Hoshiarpur vide judgment dated 7.1.2009. Hence, the present revision petition. Crl.Revision No. 277 of 2009 -2- Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “ In brief, the case of the prosecution is that appellant/accused was working as Secretary of the Rehalli Jadid Cooperative Agricultural Service Society Limited, Rehalli (hereinaftrer called ' the society') in the year 1997. On audit of the accounts of the Society, it was found that there was embezzlement of Rs. 3,72,215=50, committed by the appellant/accused. It was further found that on 31.3.1998, there was cash in hand of Rs. 3,72,957=67, but while carrying forward said entry on 1.4.1998, the cash in hand was shown as Rs. 742=17 only. A copy of the Audit report was sent to the Assistant Registrar, Cooperative Societies, Hoshiarpur, who then wrote a letter to the Senior Superintendent of Police, Hoshiarpur, for registration of a case against the Secretary Sukhdev Singh, for the aforesaid misappropriation of the funds of the Society. It was on the basis of said letter, which is Exhibit PA, that the present First Information Report was registered. During investigation, the relevant record of the Society was taken into police possession and statements of various witnesses were recorded.” Learned counsel for the petitioner during the course of arguments has not challenged the conviction of the petitioner under Section 408 IPC. Learned counsel has submitted that now the petitioner has deposited the entire amount in question along with interest. Rs. 1,23,460/- were already deposited during the pendency of the trial. Now, during the Crl.Revision No. 277 of 2009 -3- pendency of this revision petition, Rs. 2,45,500/- have been deposited on 17.4.2009 and in this regard receipt has been placed on record . Learned counsel has submitted that petitioner is facing criminal proceedings since the year 1999 and is not a previous convict. Learned counsel has further submitted that sentence qua imprisonment of the petitioner be reduced to already undergone by him. Petitioner has already undergone more than 5 months of his actual sentence. Keeping in view the submissions made by learned counsel for the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner under Section 408 IPC is maintained. However, sentence of imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE May 25, 2009 PARAMJIT