BALDEV SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS criminal revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter)is directed against the judgment and order dated 31. 3. 2005 passed by the additional Sessions Judge No. 1, Sri Ganganagar (for short 'the appellate court' hereinafter) in Criminal Appeal No. 61 of 2004 whereby the appellate Court has dismissed the appeal filed by petitioner and affirmed the order dated 25. 6. 2004 passed by the Additional Chief Judicial Magistrate, sri Ganganagar (for short 'the Trial Court' hereinafter) in Criminal Case no. 285 of 2001 whereby the Trial Court has convicted the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for the 'the Act' hereinafter) and sentenced him to undergo one and a half years simple imprisonment and fine of Rs. 2,40,000/-, in default of payment of fine, he shall further undergo three months simple imprisonment.

(2.) I have heard learned counsel for the petitioner and the counsel for the complainant. Perused the judgments and order of the appellate Court as well as of the Trial Court and record of the case.

(3.) AT the very outset, learned counsel for the petitioner submits that he does not want to challenge the conviction of the petitioner for the offence under Sec. 138 of the Act. However, he has confined his arguments only to the point of quantum of sentence and submits that out of the sentence of one and a half years, the petitioner has already undergone sentence of imprisonment for more than ten months. He prays that the sentence awarded to the petitioner may be reduced to the period of imprisonment already undergone by the petitioner.