POONAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the record.

(2.) This revision petition is directed against the order dated 1st April, 1988 passed by the learned Additional Sessions Judge, Nagour in Criminal Appeal No. 115/84 affirming the conviction and sentence passed by the learned Chief Judicial Magistrate, Nagour in Criminal Original case No. 384/76. By his judgment dated 29th Sept. 1984 the learned Chief Judicial Magistrate convicted the petitioner under Section 408 of the Indian Penal Code and sentenced him simple imprisonment for six months and to pay a fine of Rs. 300/- and undergo further simple imprisonment for three months for default in payment of fine.

(3.) The learned counsel for the petitioner has submitted that the offence under Section 408 of the Indian Penal Code is not made out, and therefore, conviction of the petitioner under Section 408 of the Indian Penal Code is against law. It is further submitted by him that if the act of the petitioner is held to be covered by Section 406 of the Indian Penal Code, the conviction of the petitioner would be barred by limitation in view of Section 468 of the Criminal Procedure Code. It is further submitted by him that if the conviction of the petitioner is maintained, the sentence imposed on him is harsh and in view of the provisions of the Probation of Offenders Act, the petitioner is entitled to be released or probation.