Punjab-Haryana High Court
Mohit Kumar vs State Of Punjab on 30 August, 2017
Author: Kuldip Singh
Bench: Kuldip Singh
113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR No. 2495 of 2017 (O/M)
Date of decision : 30.8.2017
Mohit Kumar ...... Revisionist
Versus
State of Punjab ....... Respondent
CORAM : HON'BLE MR. JUSTICE KULDIP SINGH
Present:- Mr. Aditya Jain, Advocate, for revisionist.
Mr. C.L. Pawar, Senior DAG Punjab.
Mr. Vaneet Mittal, Advocate, for complainant.
1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?
2. To be referred to the Reporter or not.
3. Whether the judgment should be reported in the digest ?
-.- -.-
KULDIP SINGH J. (ORAL)
The lower Court file examined.
Heard.
The learned counsel for revisionist presses the revision only on the quantum of sentence.
In the present revision, revisionist has impugned the judgment dated 12.7.2017, passed by the learned Additional Sessions Judge, SAS Nagar, Mohali, affirming that of the learned Chief Judicial Magistrate, SAS Nagar, Mohali, dated 19.8.2016, vide which he was convicted under Section 408 IPC and was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1,000/-, in default thereof, to further undergo simple imprisonment for one month.
The allegations levelled against revisionist are that he was the 1 of 2 ::: Downloaded on - 09-09-2017 09:24:50 ::: CRR No. 2495 of 2017 (O/M) -2- Supervisor in the Cafeteria, being run in the Quark City India Private Limited. He used to cook excess food and by stealing the same, supplied it to one IIPM Company, which had no concern with the Quark City India Private Limited and in this process, probably consumed more gas cylinders.
As per the custody certificate dated 29.8.2017, filed in Court today and taken on record, no other case is pending or decided against him, which shows that he is first offender. He has already undergone total sentence of 2 months and 17 days, including remission.
Considering the entirety of the circumstances and the fact that he is first offender, the sentence of rigorous imprisonment for one year imposed under Section 408 IPC is reduced to rigorous imprisonment for nine months, while the fine is enhanced from Rs. 1,000/- to Rs. 10,000/-, which shall be paid to the complainant Quark City India Private Limited.
With the abovenoted modification, revision is dismissed.
(KULDIP SINGH)
JUDGE
30.8.2017
sjks
Whether speaking / reasoned : Yes
Whether Reportable : No
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