RAFIQ HUSSAIN Vs. TIRUPATI FINANCE CO.

JUDGEMENT

(1.) The petitioner has preferred the present writ petition claiming the following reliefs :-

(2.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the judgment dtd. 27/6/2019 passed by learned Special Judge, SC/ST Cases, Sirohi in Criminal Appeal no. 71/2018 (16/2016) whereby the judgment dtd. 7/10/2015 passed by the learned Chief Judicial Magistrate, Sirohi in Criminal Case No.348/2012 convicting the revisionist-petitioner was upheld. The petitioner was convicted for the offences under Sec. 138 of Negotiable Instrument Act and were sentenced to undergo six months S.I. and a fine of Rs.35,000.00 in default of payment of which, they were ordered to undergo further two months S.I.

(3.) There are two cases against the present petitioner and petitioner has already undergone six months custody in each cases. Thus, learned counsel for the petitioner submits that sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him.