SUNIL MAHATMA Vs. BHERU SINGH

JUDGEMENT

(1.) THIS criminal revision under Section 397/401 of the code of Criminal Procedure, 1973 (for short ' the Code' hereinafter) is directed against the judgment and order dated 17. 09. 2004 passed by Special Judge, SC/st (Prevention of Atrocities) Act Cases, Udaipur (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 34/2004 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 21. 10. 2003 passed by Chief Judicial Magistrate, udaipur (for short 'the trial Court' hereinafter) in Criminal Case No. 45/ 2001 by which the trial Court convicted the petitioner for the offence under Section 138 of the Negotiable Instrument Act, 1881 (for short 'the Act' hereinafter) and sentenced him to undergo one year simple imprisonment and a fine of Rs. 7,50,000/- in default of payment of fine further to undergo three months simple imprisonment. It was further directed that on depositing the amount of fine, a sum of Rs. 7,00,000/- be paid to the complainant Respondent No. 1 as compensation under Section 357 (3) of the code. Aggrieved by the orders impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned Counsel for the parties. Perused the judgment and order of the appellate Court as well as of the trial Court as also record of the trial Court.

(3.) AT the very outset, learned Counsel appearing for the petitioner, submits that the petitioner does not want to challenge his conviction for the offence under Section 138 of the Act. However, learned Counsel has confined his arguments only to the point of quantum of sentence and submits that the petitioner has already suffered imprisonment of more than 11 months and ends of justice would be met if the sentence of imprisonment awarded to the petitioner is reduced.