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Judgment
The revision petitioner was convicted and sentenced by the courts below under Section 138 of the Negotiable Instrument Act (for short “the
N.I.Actâ€).
Heard.
The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioner committed the
offence under Section 138 of the N.I. Act. No material has been brought to the notice of this Court to indicate that the appreciation of evidence or the
concurrent finding of conviction by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the
courts below under Section 138 of the N.I.Act does not warrant any interference by this Court.
The revision petitioner is a lady, presently aged 50 years. It has been submitted that she is not having any job or other source of income. In view of
the above, the learned Counsel for the revision petitioner has pleaded for leniency in the matter of sentence. Ext.P1 cheque is for Rs.50,000/- (Rupees
Fifty Thousand Only). Considering the facts and circumstances of the case, including the submission at the bar, I am of the view that the sentence
awarded by the appellate court can be modified and reduced to imprisonment till the raising of the court and a compensation of Rs.50,000/- (Rupees
Fifty Thousand Only) to PW1 under Section 357(3) Cr.P.C. with a default clause for simple imprisonment for 45 days, to meet the ends of justice. It is
ordered accordingly.
In the result, this Revision Petition stands allowed in part as above.
The revision petitioner shall surrender before the trial court on 18.01.2021 to suffer the sentence of imprisonment till the raising of the court.
The revision petitioner is granted six months to pay the compensation as requested by the learned Counsel for the revision petitioner.