Subhash Chand vs State of U.P. and another

Ramesh Sinha, J.—Heard Sri Pankaj Kumar Tyagi, learned counsel for the revisionist. Sri R.K. Pandey, learned counsel for opposite party No. 2 and the learned A.G.A. appearing for the State. Perused the record. This revision has been preferred against the judgment and order dated 27.8.2008 passed by Additional Sessions Judge. Court No. 2, Meerut and order dated 18.3.2008 passed by Judicial Magistrate. Mawana. District Meerut by which the courts below have convicted and sentenced the revisionist u/s 138. Negotiable Instruments Act with a simple imprisonment of three months, imposed fine of Rs. 5,000 and u/s 357 (3). Cr. P.C. a compensation of Rs. 60,000 has been awarded against the revisionist which is to be paid to opposite party No. 2. The counsel for the revisionist stated that the revisionist is ready to pay the amount of compensation awarded by the court below to the tune of Rs. 60,000 within two months from today and the period of imprisonment of three months may be converted to already undergone. The revisionist shall also pay a fine of Rs. 5,000.

After having heard learned counsel for the parties and there are concurrent findings of the courts below regarding conviction of the revisionist. In my opinion, there is no illegality, impropriety and irregularity in the judgment and order''s passed by the courts below. Hence, no interference is called for by this Court in this revision. However, as regard the question of sentence, it is directed that payment of compensation awarded by the court below u/s 357 (3). Cr. P.C. of Rs. 60,000 which shall be paid by the revisionist within two months from today to opposite party No. 2 and Rs. 5,000 should also be deposited by the revisionist to the court concerned and the sentence of simple imprisonment of three months is converted to period already undergone. Revision is partly allowed. In case of default of payment, as directed above, the revisionist shall be taken into custody to serve out sentence as directed by the courts below.