LAWS(MPH)-2013-1-19

MAHENDRA KUMAR Vs. NARENDRA SINGH TOMAR

Decided On January 02, 2013
MAHENDRA KUMAR Appellant
V/S
Narendra Singh Tomar Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 against the judgment dated 02-02-2009 passed by learned Third Additional Sessions Judge, Gwalior in Criminal Appeal No.266/2007 confirming the judgment passed by learned trial Court in Criminal Case No.888/2004 whereby the petitioner has been convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo 3 months' RI and he has been directed to pay the amount of cheque and compensation total Rs.74,000.00.

(2.) LEARNED counsel for both the parties submitted that the amount of cheque of Rs.50,000.00 has been deposited by the petitioner in the trial Court. Since the cheque amount has been deposited therefore, the sentence be set aside and the order directing to pay compensation be also set aside looking to the old pendency of the case. 09

(3.) SO far as the sentence part is concerned, the complaint has been filed in the year 2004, cheque amount is Rs.50,000.00 which has been deposited by the petitioner in the trial Court. So far as conviction of petitioner is concerned both the Courts below have given concurrent finding. However, considering the fact that the amount of cheque has been deposited by the petitioner and he is facing litigation since year 2004, this revision is also pending since year 2009, therefore, sending of petitioner into bar after this long period would not yield any purpose.