DWARIKA PRASAD Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the revisionist. He does not press the revision on the point of conviction. He simply presses the revision petition only on the point of sentence of six months' rigorous imprisonment. The revisionist was tried in the court of the Additional Munsif Magistrate (Economic offences) Mainpuri in case No. 34 of 1980 P.S. Nagla Khangar under Sec. 7/16 P.F.A. Act and has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000.00 and in default of payment of fine to undergo further R.I. for three months. The revisionist's appeal being the Criminal Appeal No. 159 of 1981 was dismissed by the Sessions Judge, Mainpuri by the impugned judgement dated 26th June, 1982. The sentence of three months' R.I. awarded by the trial court in default of payment of fine was, however, reduced to the period of two months R.I. by the appellate court. The learned counsel for the revisionist has submitted that the revisionist has remained in jail custody for about two weeks after the dismissal of the appeal on 26.6.1982 and grant of bail by this court on 5.7.1982. His argument is that more than about 16 years have passed when the prosecution started against the revisionist and during this long period the revisionist has suffered a lot. Now he is in settled life and if he is remained again to jail custody to serve out the remaining sentence in jail, he will loose the job and his dependents will also be disturbed. His submission is that the sentence of imprisonment may be converted into sentence of fine which in the nature of the case being an economic offence will sufficiently meet the ends of justice. Considering the long pendency of the criminal proceedings for about 17 years, this court finds merits in the submission of the learned counsel for the revisionist. Accordingly this revision is partly allowed. The conviction of the revisionist under Sec. 7/16 of P.F.A. Act is hereby maintained and the revision is dismissed on that account. The sentence of six months' rigorous imprisonment is reduced to the period already undergone as observed above. The revisionist is sentenced to pay a fine of Rs. 10,000.00 (Ten thousand) which will be in addition to the sentence of fine imposed by the trial court and in default of payment of fine the revisionist will undergo R.I. for six months. The revisionist is directed to surrender before the Chief Judicial Magistrate, Mainpuri within one month from today and deposit the criminal fine. The order of this court dated 5th of July, 1982 is hereby vacated. The Chief Judicial Magistrate, Mainpuri is directed to take effective steps for