PRAVEEN KUMAR Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) The petitioner accused has approached this Court for challenging the judgment dated 27.8.2015 passed by the learned Additional Sessions Judge No. 4, Bikaner in Cr. Appeal No. 64/2013 affirming the judgment dated 22.7.2011 passed by the learned Special Judicial Magistrate, N.I. Act Cases, Bikaner in Regular Criminal Case No. 2779/2009 whereby, he was convicted for the offence under section 138 of the Negotiable Instruments Act and was sentenced to 4 months S.I. and to pay compensation to the tune of Rs. 34,000.00 to the respondent No. 2 complainant.

(2.) After considering the arguments advanced by the learned counsel for the parties and upon perusal of the impugned judgments as well as the original record, I am duly satisfied that the concurrent findings of fact recorded in the impugned judgments of conviction passed by two Courts of competent jurisdiction are perfectly justified and do not warrant any interference in revisional jurisdiction. The petitioner who stands sentenced to 4 months S.I. has reportedly remained in custody for a period for about 20 days. The cheque amount of Rs. 26,300.00 has been deposited by the petitioner and has been paid to the complainant in terms of the order dated 17.2.2016 passed by this Court while suspending sentences awarded to the petitioner. In this background, I am of the opinion that whilst upholding the conviction of the petitioner Praveen Kumar as recorded by the learned Courts below, his substantive sentence deserves to be reduced to the period of imprisonment already undergone by him. Resultantly, the instant revision is allowed in part. While upholding the conviction of the petitioner Praveen Kumar as recorded by the learned Court below for the offence under section 138 of the Negotiable Instruments Act, the substantive sentence of 4 months S.I. awarded to the accused by the trial Court is reduced to the period of imprisonment already undergone by him.

(3.) The amount of compensation awarded is realised from Rs. 34,000.00 to the cheque amount of Rs. 26,300.00 which has already been deposited by the petitioner in terms of this Court's order dated 17.2.2016 and shall be treated to be sufficient towards compensation payable to the respondent No. 2 complainant. The petitioner is on bail and his bail bonds are discharged.