ASHU SINGLA Vs. RAMA CHAWLA

JUDGEMENT

(1.) The instant Revision Petition has been filed against the judgment of conviction as well as order of sentence dtd. 1/3/2017 passed by the Sub Divisional Judicial Magistrate, Kharar vide which the petitioner had been convicted and sentenced to undergo rigorous imprisonment for a period of two year and to pay a fine of Rs.5,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under Sec. 138 of Negotiable Instruments Act, 1881 as well as impugned judgment dtd. 10/4/2019 passed by the Addl. Sessions Judge, S.A.S. Nagar, Mohali, whereby the appeal preferred by the petitioner was partly allowed and the quantum of sentence was reduced to one year as against the sentence of two years that was awarded by the Sub Divisional Judicial Magistrate, Kharar. However, in addition thereto, the amount of compensation was also doubled for a sum of Rs.1,80,000.00. The present Revision Petition has been filed being aggrieved of the said judgments passed by the Courts below.

(2.) The matter came up for hearing before this Court on 22/4/2019, wherein the counsel for the petitioner had made a statement that he would not challenge the order of conviction and confines his prayer to the extent of quantum of sentence. It was also noticed that the petitioner claimed the compromise to have been effected between the parties and the amount of Rs.1,80,000.00 stands remitted to the respondent-complainant. The factum of the said remission was also acknowledged by Shri Ajay Pal Singh Madaan, Advocate being the representative of respondent-complainant. The order dtd. 22/4/2019 is extracted as under:

(3.) Today on resumed hearing, learned counsel for the petitioner has contended that the since the entire amount in question already stands paid, the order of sentence be modified and that continued incarceration of the petitioner would not sub-serve any large interest of justice.