NETRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ankur Singh Kushwaha, learned counsel for revisionist and perused the record.

(2.) This criminal revision under Section 397 / 401 Cr.P.C. has arisen against judgment and order dated 12.03.1999 passed by Sri M.A. Khan, learned Sessions Judge, Muzaffarnagar, in Criminal Appeal No. 10 of 1991 and Criminal Revision No. 57 of 1999, against order dated 06.02.1999 passed by Sri Shiva Sharma, IInd Additional Chief Judicial Magistrate, Muzaffarnagar in Criminal Case No. 9 of 1999, convicting applicant under Section 138 of Negotiable Instruments Act and sentencing to three months rigorous imprisonment with fine of Rs. 1,18,000/- and in case of default of payment of fine, he shall further suffer two months simple imprisonment.

(3.) Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and accused-revisionist who is now attained advanced age, has already undergone five months imprisonment, therefore, sentence awarded to him be reduced to the period already undergone.