BALDEV SINGH Vs. VINOD KUMAR SHARMA

JUDGEMENT

(1.) At the very outset, learned counsel for the petitioner submits that in view of the concurrent findings of both the Courts below, he would not contest the verdict of conviction of the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881. However, he submits that petitioner is a labourer and on account of his necessities in the year 2001, the respondent/complainant might have extended the financial help to him (petitioner); for last more than 13 years, the petitioner is facing the agony of trial, appeal and of the present criminal revision petition; the petitioner has already suffered incarceration for 5 months and 8 days as per the custody certificate produced before this Court at the time of suspension of his sentence on 08.05.2006; petitioner is neither required nor involved in any other case and, as such, he is a first offender; the fine imposed by learned Court below has been deposited by the petitioner and that the petitioner was released on bail on 08.05.2006, after suspension of his sentence by this Court, and now it would not be advisable to send him to jail once again after expiry of more than 9 years.

(2.) Mr. Vishal R. Lamba, Advocate, proxy counsel for the respondent has no objection to the first prayer of learned counsel for the petitioner. However, he submits that the learned Courts below have already taken a lenient view while awarding the sentence, therefore, there is not much scope for further reduction of the substantive sentence.

(3.) I have heard learned counsel for the parties and with their able assistance, gone through the material available on record.