RAJBIR SHARMA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner had faced trial under Section 138 of Negotiable Instruments Act, 1881 ('of the Act' for short) in complaint No.80 of 2011. Trial Court vide judgment/order dated 20.05.2013 and 23.05.2013 ordered the conviction and sentence of the petitioner under Section 138 of the Act. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal and the same was dismissed by the Appellate Court vide order dated 01.09.2015. Hence, the present petition.

(2.) Learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 138 of the Act but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. Petitioner has undergone more than one month of actual sentence. Learned counsel has further submitted that petitioner has already deposited Rs. 3,12,000/- with the Registry and has no objection if the same is ordered to be released to respondent No.2. Today, learned counsel for the petitioner has handed over another sum of Rs. 35,000/- in cash to respondent No.2 who is present in person along with his counsel.

(3.) In the present case, petitioner has paid Rs. 3,47,000/- in all to the complainant which includes the cheque amount (Rs. 3,00,000/-) in question. Since, the petitioner has already paid the cheque amount in question to the complainant and Rs. 47,000/- over and above the same to the complainant, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to the period already undergone by him.