High Court of Punjab and HaryanaCRR/2036/2018disposed of

Lovepreet Singh v. Ut Of Chandigarh

2019-03-20Lok Adalat Bench - 13 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 20.03.2019 Lovepreet Singh ..... Petitioner

Versus

State of UT Chandigarh ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Gurinder Singh, Advocate for the petitioner. Mr. Sumit Jain, APP for UT Chandigarh.

RAMENDRA JAIN, J. (ORAL) The instant revision has been preferred by the petitioner against judgment dated 30.05.2018, of learned Additional Sessions Judge, Chandigarh, affirming the judgment of conviction and order of sentence dated 18.04.2017 rendered by the Judicial Magistrate Ist Class, Chandigarh, whereby he was held guilty under Sections 417, 468, 471 and 473 IPC and sentenced as under:- Under Section Sentence Fine 417 IPC Six months rigorous imprisonment.

-- 468 IPC One year rigorous imprisonment.

Rs.500/- 471 IPC One year rigorous imprisonment.

Rs.500/- 473 IPC One year rigorous imprisonment.

Rs.500/- All sentences were ordered to run concurrently. Put pithily, petitioner was booked and tried in case FIR No. 64 dated 25.02.2015 registered under Sections 417, 468, 471, 473 and 120-B

-2IPC, Police Station Sector-36, Chandigarh, on the allegations that he was using fake high security registration number plate bearing No. CH-01-AY0086 on his vehicle make Toyota Innova, which was registered on 10.04.2015 and high security number plate was got installed on 30.04.2015, whereas the petitioner was apprehended on 25.02.2015. Thus, the petitioner was using fake registration number plate on his innova car which he got registered on 10.04.2015. After holding full fledged trial, the trial Court, vide judgment/order dated 18.04.2017, convicted and sentenced the petitioner in the manner as narrated above.

Being aggrieved, the petitioner approached the Ist Appellate Court, but remained un-successful as his appeal too was dismissed, vide judgment impugned herein.

Learned counsel for the petitioner submits that he does not challenge the impugned judgments qua conviction of the petitioner on merits. On quantum of sentence, learned counsel prayed for taking a lenient view urging that the petitioner had obtained the aforesaid registration number which he was using by paying registration fee, in advance, prior to 25.02.2015, but due to his negligence, did not get it registered for around 11⁄2 month. He had already suffered a long protracted trial for around 4 years.

As per custody certificate dated 10.07.2018, petitionerLovepreet Singh, had already undergone total sentence of 01 month and 18 days (including remissions), out of the maximum sentence of 1 year awarded to him.

Accordingly, the impugned judgments of conviction passed by

-3the Courts below are upheld. The revision, to this extent, is dismissed. However, considering the custody period of the petitioner, order of sentence dated 18.04.2017, is modified to the extent that the sentence awarded to the petitioner is reduced to the period already undergone. Present revision petition is disposed of, as such. March 20, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No