Krishan Gopal vs Mahesh Kumar & Anr.
2016 Latest Caselaw 158 Del

$-24
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : 8th JANUARY, 2016

+                         CRL.REV.P. 511/2015

      KRISHAN GOPAL                                        ..... Petitioner

                          Through :     Mr.Biswajit K.Patra, Advocate
                                        with Mr.Dhan Mohan, Advocate.
                                        Brother of the petitioner is also
                                        present.
                          versus

      MAHESH KUMAR & ANR.                                  ..... Respondents

                          Through :     Mr.Ashok K.Garg, APP.

       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Oral)

CRL.M.A.No.11815/2015 (Delay)

1. For the reasons mentioned in the application for condonation of

delay in filing the petition, the delay is condoned.

2. The application for condonation of delay is disposed of.

CRL.REV.P. 511/2015

1. Present revision petition has been filed by the petitioner to

challenge the legality and correctness of a judgment dated 26.11.2014 of

learned Addl. Sessions Judge in Crl.A. 06/2014 whereby conviction /

sentence recorded by the learned Metropolitan Magistrate vide order dated

28.04.2014 in CC No.211/1/10 under Section 138 Negotiable Instruments

Act was upheld. Notice was issued to the respondent No.1. He did not

appear despite service.

2. The petitioner was convicted under Section 138 Negotiable

Instruments Act and sentenced to undergo SI for eight months with

compensation amount of `2.5 lacs and in default to undergo SI for six

months.

3. During the course of arguments, learned counsel for the

petitioner, on instructions, stated that the petitioner has opted not to

challenge the findings of the Courts below on conviction. He prayed to

take lenient view as the petitioner has already undergone the substantive

sentence awarded to him and is presently undergoing the default sentence.

4. Nominal Roll dated 15.12.2015 reveals that the petitioner has

already undergone seven months incarceration besides remission for ten

days as on 14.12.2015. Unexpired portion was only twenty days which

has since been served / completed. At present, the petitioner is undergoing

default sentence for non-payment of compensation amount of `2.5 lacs.

Considering the facts and circumstances of the case and the financial

difficulties of the petitioner to pay the compensation amount, the default

sentence for non-payment of compensation amount `2.5 lacs is reduced to

SI for three months. Other terms and conditions of the Sentence Order are

left undisturbed.

5. Revision petition stands disposed of in the above terms. Trial

Court record be sent back forthwith with the copy of the order. A copy of

the order be sent to the Superintendent Jail for information.

(S.P.GARG) JUDGE

JANUARY 08, 2016 / tr