GURMEET SINGH Vs. RAVINDER SINGH

JUDGEMENT

(1.) This is revision petition filed by petitioner-Gurmeet Singh against judgment dated 09.09.2016 passed by Additional Sessions Judge, Saagrur whereby his appeal against judgment dated 29.03.2014 passed by Judicial Magistrate Ist Class, Malerkotla convicting and sentencing him for offence punishable under section 138 of Negotiable Instruments Act, 1881 was dismissed.

(2.) As per case of respondent-Ravinder Singh, the petitioner in order to discharge his legal liability issued cheque no. 462676 dated 18.08.2012 for Rs. 6 lacs drawn on HDFC Bank Ltd., Branch Patiala Gate, Nabha from his account no. 1561000091368. On presentation of cheque to bank, it was dishonoured with remarks 'Account Closed'.

(3.) Learned counsel for the petitioner has confined his submission only for taking a lenient view regarding the quantum of sentence without challenging conviction of petitioner as recorded by Court below. He has argued that the petitioner is 41 years of age. He has a daughter of marriageable age and a school going son. He has faced trial for about more than five years and has already undergone sentence for a period of about 8 1/2 months. He is not a previous convict and financial condition of petitioner was also not sound otherwise he would have attempted to pay all his debts. He has requested for reducing the sentence of petitioner to the period of imprisonment already undergone by him.