SUNIL JAIN Vs. SUGNA NATIONAL ENGINEERING

JUDGEMENT

(1.) Heard learned counsel for the petitioner-complainant as well as learned Public Prosecutor appearing on behalf of Respondent No. 2-State and perused impugned judgments and orders passed by both the Courts below. This revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 19.09.2011 passed by learned Additional Sessions Judge(Fast Track) No. 5, Jaipur Metropolitan(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 196/2010(960/2010), whereby appeal filed by the accused-respondent against the judgment and order dated 27.09.2010 passed by learned Additional Chief Metropolitan Magistrate No. 12, Jaipur Metropolitan in Criminal Case No. 569/2006, whereby Respondent No. 1 accused was convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 and imposed fine of Rs. 30,000/-, in default of payment of fine to further undergo simple imprisonment for two months, has been allowed and benefit of Section 4 of the Probation of Offenders Act, 1958(hereinafter referred to as 'the Act of 1958') given to the accused-Respondent No. 1 and also ordered that the complainant-petitioner is entitled to get the cheque amount deposited by the accused-Respondent No. 1.

(2.) Learned counsel for the petitioner vehemently contended that the cheque had bounced in the year 1998. It is only after a lapse of about 10 years that the cheque amount was deposited in the Court for payment to the revisioner-petitioner. Secondly, the benefit of probation has been granted by the learned Appellate Court without assigning cogent reasons. Lastly, learned counsel for the petitioner argued that without passing any order of sentence and penalty up to double of the cheque amount, the benefit of probation has been granted to the accused-Respondent No. 1. So, learned counsel for the petitioner prayed to accept present revision petition and to quash and set aside both the judgments and orders passed by the Courts below and the accused-Respondent No. 1 be ordered to be convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo 2 years simple imprisonment and a fine of Rs. 30,000/- be also imposed.

(3.) Learned Public Prosecutor appearing on behalf of Respondent No. 2 State vehemently opposed the prayer of learned counsel for the petitioner and supported the judgment and order passed by the Appellate Court.