Achhar Singh vs Gian Chand and Another

Dev Darshan Sud, J.—The Petitioner is aggrieved by the judgment of the learned Sessions Judge Una affirming the judgment of sentence passed by learned Judicial Magistrate, Ist Class, Court No. (II), Amb, convicting him for offences u/s 138 of the Negotiable Instruments Act. The Petitioner was sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 1,000/-.

Learned Counsel appearing for the Petitioner has placed on record copy of judgment in Civil Suit No. 54 of 2003 titled Gian Chand v. Achhar Singh, instituted on 17.3.2003, decided on 3.6.2008, whereby the Respondent Gian Chand (since deceased) had instituted a suit against the Petitioner herein for recovery of amount, for which the cheque was issued i.e. Rs. 20,000/-alongwith interest @ 12% per annum. The learned Court in its judgment records that a sum of Rs. 20,000/- was paid by the Petitioner herein to the deceased Respondent on 7.4.2007. His statement was recorded on 7.4.2007 and thereafter he remained ex parte. Learned Counsel appearing for the Petitioner submits that this judgment has attained finality and no appeal, revision etc. has been preferred against it.

The learned Court decreed the suit of the Respondent herein for a sum of Rs. 20,000/- with interest @ 12% per annum from the date of filing of the suit till its realization.

I have heard the learned Counsel appearing for the Petitioner. In the facts and circumstances of the case, this Revision Petition is allowed. The sentence of imprisonment imposed upon the Petitioner is set aside and the fine amount is enhanced to Rs. 7,000/-, which will be deposited by the Petitioner in the Court of learned Judicial Magistrate, Ist Class, (II), Amb within a period of three months from today. This will including the fine amount of Rs. 1,000/- already imposed on the Petitioner. The Petitioner submits that this amount stand already deposited by him in the Court of learned Judicial Magistrate, Ist Class, (II), Amb. On receipt of additional amount of Rs. 6,000/-, the legal heirs of Sh. Gian Chand be informed about the deposit and they shall be paid this amount by the Court. This Revision petition is disposed of. There shall be no order as to costs. Copy of judgment of Civil Suit is taken on record. This judgment shall have no bearing on the determination made in the civil suit.