Madhya Pradesh High Court
Chandan Kumar vs Santosh Soni on 12 September, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 12 th OF SEPTEMBER, 2023
CRIMINAL REVISION No. 2029 of 2023
BETWEEN:-
CHANDAN KUMAR S/O LATE SHRI JAYLAL SINGH,
AGED ABOUT 35 YEARS, OCCUPATION: LABOUR
THROUGH KOSHALYA BAI R/O TYPE-1, QUARTER
NO.3/17, SUBHASH NAGAR, ORDINANCE FACTORY,
KATNI, DISTRICT KATNI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAJNEESH KANT RAJAK-ADVOCATE)
AND
SANTOSH SONI S/O LATE SHRI JAGANNATH SONI,
AGED ABOUT 47 YEARS, R/O IN FRONT OF LAL
BUILDING LAKHERA VIVEKANAND WARD KATNI
DISTRICT KATNI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI B. J. CHOURASIYA-ADVOCATE)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
This revision under Section 397/401 of the Code of Criminal Procedure
is filed against the concurrent findings of the Courts below whereby learned 6th
Additional Sessions Judge, Katni, District Katni (M.P.) vide judgment dated
22.10.2021 passed in Criminal Appeal No.06/2020 (Chandan Kumar vs.
Santosh Soni) has affirmed the judgment of conviction and order of sentence
dated 15.01.2020 passed in Criminal Case No.221/2017 (Santosh Soni vs.
Chandan Kumar) by learned JMFC Katni, District Katni (M.P.) whereby
Signature Not Verified
Signed by: BIJU BABY
Signing time:
9/15/2023 10:54:34 AM
applicant herein was convicted for commission of offence under Section 138 of
the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') and
w a s sentenced to undergo six months RI and was directed to pay
compensation amount of Rs.1,96,680/-.
2. The applicant was prosecuted for commission of offence under
Section 138 of NI Act as cheque No.812137 dated 29.06.2017 of Rs.1,60,000/-
given by applicant/accused to the respondent towards debt and liability stood
bounced when it was presented in the bank account by the
respondent/complainant. Even after receipt of statutory notice,
applicant/accused failed to pay the money, a complaint under Section 138 of NI
Act was filed by the respondent/complainant.
3. After hearing and recording of evidence of the parties learned Court
below convicted the applicant for commission of offence under Section 138 of
NI Act vide judgment of conviction and order of sentence dated 15.01.2020.
An appeal was preferred before the Court of Session. Learned 6th ASJ Katni by
the impugned appeal judgment dismissed the appeal and affirmed the judgment
of conviction and order of sentence passed by the Court below.
4. At the very outset, learned counsel for the applicant has submitted that
he does not want to challenge the judgment of conviction passed by the Courts
below. It is submitted that applicant is in jail since 20.04.2023. He has suffered
almost more than four months and twenty days in jail. He has deposited the
entire amount of compensation before the trial Court. Therefore, it is prayed
that jail sentence awarded to the applicant may be reduced to the period of jail
sentence already undergone by him.
5. Learned counsel for the respondent has admitted that applicant has
already deposited entire compensation amount awarded by the trial Court.
Signature Not Verified
Signed by: BIJU BABY
Signing time:
9/15/2023 10:54:34 AM
Applicant is in jail for more than four months and twenty days. He has suffered
maximum part of jail sentence. Therefore, he has no objection if his jail sentence
is reduced to the period already undergone by him.
6. I have heard learned counsel for the parties and perused the record of
the Courts below.
7. Learned JMFC and learned Additional Sessions Judge have duly
appreciated the oral and documentary evidence on record and have rightly
come to the conclusion that applicant has committed offence under Section 138
of NI Act. There are no reasons to interfere with the concurrent findings
recorded by the Courts below. Therefore, conviction of applicant for
commission of offence under Section 138 of NI Act as recorded by the JMFC
and affirmed by ASJ being just and proper are hereby confirmed.
8 . As far as reduction of jail sentence of applicant is concerned, it is
apparent that learned trial Court has awarded sentence of six months RI and
further directed to applicant/accused to pay compensation of Rs.1,96,680/- to
the respondent/complainant. It is undisputed that compensation amount has
already been deposited by the applicant before the trial Court. As applicant has
already suffered more than four months and twenty days substantive jail
sentence, I am of the view that it would be just and proper, if jail sentence
awarded to applicant is reduced to the period already undergone by him so far.
9. Therefore, having taken into consideration all the facts and
circumstances of the case and in view of above, it appears just and proper to
modify the sentence. Therefore, sentence of RI for six months for commission
of offence under Section 138 of NI Act as awarded by the learned JMFC, Katni
and affirmed by learned 6th Additional Sessions Judge, Katni is modified and
Signature Not Verified
Signed by: BIJU BABY
Signing time:
9/15/2023 10:54:34 AM
applicant/accused is sentenced to the period of jail sentence already undergone
by him so far.
10. This revision is partly allowed with the aforesaid modification in the
sentence.
1 1 . Respondent/complainant is entitled to receive the compensation
amount deposited before the trial Court.
12. Registry/trial Court is directed to prepare Super session warrant
and to send the same to the Jail authorities concerned with a direction that
applicant be released forthwith in this case, if he is not required in any other
case. Registry is directed to sent down the trial Court record along with copy of
this order to the trial Court for information and necessary compliance through
Session Judge Katni.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
9/15/2023 10:54:34 AM
