GIAN CHAND Vs. MAIWA TRADERS

JUDGEMENT

(1.) This revision petition has been directed against the judgment passed by the learned Additional Sessions Judge, Patiala whereby the findings of the learned trial Court were affirmed arid the appeal filed by the petitioner was dismissed. The learned Sub-Divisional Judicial Magistrate, Nabha vide his order dated 21.1.1994 had held the petitioner guilty of the offences punishable under section 138 of the Negotiable Instruments Act, and sentenced the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs. 3000/-. In default of payment of fine he was ordered to further undergo rigorous imprisonment for a period of two months.

(2.) The sole ground taken up by the learned counsel for the petitioner in the present revision petition is that the entire amount has been paid to proprietor of the respondent-firm. Surinder Kumar complainant-respondent is present in Court and admits this fact. He has been identified by the petitioners learned counsel. There is nothing on the record to indicate whereby it could be stated that petitioner is not entitled to the benefit of Section 360 of the Code of Criminal Procedure. Keeping in view the aforesaid, it is a fit case where benefit of Section 360 of Code of Criminal Procedure be awarded to the petitioner.

(3.) Therefore, I allow this petition to the extent that the benefit of probation be granted to the petitioner. Instead of sentencing him at once it is directed that petitioner be released on probation of good conduct on his executing a personal bond to a sum of Rs. 10,000/- with a surety of the a like amount to the satisfaction of Chief Judicial Magistrate, Patiala for a period of one year. In the meantime he is directed to keep peace and be of good behaviour. Revision allowed.