RAJ KUMAR KAPOOR Vs. D C SHARMA

JUDGEMENT

(1.) This petition is directed against the order dated 31st July, 2003 of the Additional Sessions Judge in CC No.327/2003, whereby the learned Judge while holding the petitioner guilty under Section 138 of the Negotiable Instruments Act has sentenced him to undergo simple imprisonment for one year with a fine of Rs.80,000/- and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Counsel for the petitioner confines his argument only to the question of sentence. He submits that the petitioner has already undergone substantive portion of the sentence of imprisonment awarded to him and now he is undergoing sentence of imprisonment in default of payment of fine. He further submits that the trial court could not have directed the sentence of imprisonment in default of payment of fine to be six months since the maximum awardable sentence under Section 138 of the Negotiable Instruments Act is one year and of which only one-fourth could be awarded as sentence of imprisonment in default of payment of fine.

(3.) Having heard counsel for the petitioner and having perused the judgment under challenge, I deem it proper and in the interest of justice to reduce the sentence of imprisonment awarded in default of payment of fine from simple imprisonment for six months to simple imprisonment for one month while upholding the conviction and sentence of imprisonment of one year and a fine of Rs.80,000/-. It is ordered accordingly.