Punjab-Haryana High Court
Kingh Singh vs Gurdev Singh And Anr on 7 May, 2024
Neutral Citation No:=2024:PHHC:063262
264 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2024:PHHC:063262
CRM-43878-2023 in/and
CRR-2377-2023 (O&M)
Date of Decision: May 07, 2024
Kingh Singh ...Petitioner
Versus
Gurdev Singh and another ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sandeep Kumar Bansal, Advocate for the petitioner.
None for respondent No.1.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
DEEPAK GUPTA, J.(Oral)
CRM-43878-2023
This is an application under Section 5 of the Limitation Act to
condone the delay of 125 days in filing the revision petition.
For the reasons as mentioned in the application, delay of 125
days in filing the present revision is condoned, subject to all just exception.
Application is allowed.
Main Case
Custody certificate is taken on record.
2. In criminal complaint bearing No.COMA/1559/2018, titled as
"Gurdev Singh v. Kingh Singh", accused - Kingh Singh (petitioner herein)
was convicted by the Court of learned Judicial Magistrate 1st Class,
Bathinda, under Section 138 of the Negotiable Instruments Act, 1881, vide
judgment dated 05.03.2021 and vide a separate order of even date, was
sentenced to undergo rigorous imprisonment for a period of 01 year and to
pay compensation to the tune of cheque amount of `1,50,000/- with interest
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Neutral Citation No:=2024:PHHC:063262
2024:PHHC:063262
CRM-43878-2023 in/and CRR-2377-2023 (O&M)
@ 9% per annum from the date of issuance of the cheque till its realization.
The appeal against the judgment of conviction and order of sentence as filed
by the petitioner has been dismissed by the Court of Sessions vide Judgment
dated 09.03.2023.
3. Before this Court, though the petitioner challenged the
conviction as well as the sentence, but today statement is made by learned
counsel for the petitioner, so as to withdraw this petition against the
judgment of conviction as recorded by the Courts below.
4. Learned counsel for the petitioner has made a specific statement
that since the cheque amount is only `1,50,000/- and that the petitioner has
already undergone custody period of more than 08 months, so his sentence
be modified and the same may be reduced to the period already undergone
by him.
5. Respondent-complainant - Gurdev Singh was duly served, but
he did not appear before this Court for contesting this petition.
6. The request made by learned counsel for the petitioner appears
to this Court as quite reasonable, having regard to the cheque amount. The
custody certificate reveals that the petitioner has already undergone actual
custody period of 07 months and 26 days and his total sentence by including
the remission period is 08 months and 12 days.
7. Having regard to the aforesaid facts and circumstances, the
present petition is disposed of by maintaining the conviction of the
petitioner, but by modifying the order of sentence as passed by the Trial
Court to the extent that petitioner is sentenced to imprisonment for the
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Neutral Citation No:=2024:PHHC:063262
2024:PHHC:063262
CRM-43878-2023 in/and CRR-2377-2023 (O&M)
period already undergone by him. However, it is made clear that as far as the
compensation amount is concerned, it shall remain same, which
complainant-respondent No.1 shall be entitled to recover in accordance with
law.
The pending application(s), if any, also stand(s) disposed of.
May 07, 2024 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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