NARAYAN Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner Shri Narayan against the judgment and order dated 30.8.2000 passed in criminal case No. 160/1983 by the Additional Chief Judicial Magistrate Sawai Madhopur by which he was convicted under Section 408 IPC and sentenced to undergo 3 years R1 and fine of Rs. 5000/- and in default to undergo one year simple imprisonment and against the order dated 11.12.2000 of Special Judge SC/ST (PA) Cases, Sawai 11.12.2000 of Special Judge SC/ST (PA) Cases, Sawai Madhopur in criminal appeal No. 106/2000 by which he dismissed the appeal against the judgment of conviction and sentence passed by Addl. Chief Judicial Magistrate dated 30.8.2000. Mr. V.S. Chauhan, appearing for the accused petitioner is not challenging the conviction: of the accused petitioner for the offence under Section 408 IPC but he has only requested to this court that his sentence should be reduced to the period already undergone by him on the following grounds:

(2.) The learned counsel for the accused petitioner has placed reliance on Naib Singh vs. State of Punjab, 1986 CrLJ 2061. Hon'ble Apex court in the case of Naib Singh vs. State of Punjab, 1986 CrLJ 2061observed as under:

(3.) He has further placed reliance on Gulab Das and others vs. State of Madhya Pradesh, 2011 10 SCC 765. He has further placed reliance on Rajendra Harakchand Bhandari and others vs. State of Maharashtra and another, 2011 AIR(SC) 1821. The appeal court in Rajendra Harakchand Bhandari in para 16 observed as under: