RAMAKANT GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed on behalf of accused/petitioner under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being aggrieved by judgment dtd. 21/11/2006 passed by Additional Sessions Judge No.2 Kota in Criminal Appeal No.29/2006, whereby the appeal filed by the petitioner has been dismissed and the judgment dtd. 28/10/2005 passed by Additional Chief Judicial Magistrate No.5, Kota in Criminal Case No.1231/2002, whereby the petitioner has been convicted for the offence under Sec. 138 of NI Act and sentenced to undergo three months' simple imprisonment with fine of Rs.12,000.00 and in default thereof to further undergo 15 days' simple imprisonment, has been affirmed.

(2.) Learned counsel for the petitioner submits that petitioner was convicted for the offence under Sec. 138 of Negotiable Instruments Act by the trial Court and sentenced to undergo three months' simple imprisonment with fine of Rs.12,000.00 out of Rs.11,000.00 was awarded to the complainant. Learned counsel for the petitioner submits that petitioner had preferred an appeal but Appellate Court vide order dtd. 21/11/2006 dismissed the appeal filed by the petitioner. Learned counsel for the petitioner submits that the petitioner had remained in custody for one month and he had paid Rs.11,000.00 to the complainant. So, in the interest of justice, sentence passed by the petitioner be reduced already undergone.

(3.) Heard learned counsel for the petitioner and perused the impugned judgments and the entire record of the case.