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(2026) Law Today Live Doc. Id. 21434 = 2026:PHHC:134705
Decided on: 18.09.2026
Present:
Mr. S.S. Mor, Advocate for the Petitioner.
Mr. T.P. Singh, Sr. DAG, Haryana.
Mr. Karan Singh, Advocate for the complainant.
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Reduction of sentence -- Petitioner convicted for defalcating Rs.10,000/- of old age pension – Compromise arrived at during pendency of revision – Conviction maintained, substantive sentence reduced to period already undergone i.e. 04 months and 06 days.
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Indian Penal Code, 1860 (45 of 1860), Sections 409, 420, 467, 468 & 471 – Defalcation of old-age pension – Petitioner convicted for defalcating an amount of Rs.10,000/- out of old-age pension and sentenced under Sections 409, 420, 467, 468 & 471 IPC – During pendency of revision, parties entered into compromise – Conviction maintained – Substantive sentence reduced from 03 years to period already undergone i.e. 04 months and 06 days – Sentence of fine and sentence in default of payment of fine kept intact.
(Paras 1-8)
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JASJIT SINGH BEDI, J. (ORAL) –
The instant revision petition has been preferred by the petitioner-accused against the judgment dated 19.05.2026 passed by the Addl. Sessions Judge, Kaithal whereby the judgment of conviction and order of sentence dated 04/21.09.2018 passed by the Sub Divisional Judicial Magistrate, Guhla has been upheld.
2. The allegation is that the petitioner had defalcated an amount of Rs. 10,000/- out of the old-age pension.
3. On conclusion of the Trial, the petitioner came to be convicted and sentenced by the Court of Sub Divisional Judicial Magistrate Guhla vide judgment of conviction and order of sentence dated 04/21.09.2018 as under:-
|
Sr. No. |
Offence under Sections |
Imprisonment |
Fine |
In default of fine imprisonment |
|
1. |
Section 409 IPC |
RI for a period of 03 years |
Rs.4000/- |
SI for 01 month |
|
2. |
Section 420 IPC |
RI for a period of 01 years |
Rs.1000/- |
SI for 01 month |
|
3. |
Section 467 IPC |
RI for a period of 03 years |
Rs.3000/- |
SI for 01 month |
|
4. |
Section 468 IPC |
RI for a period of two years |
Rs.1000/- |
SI for 01 month |
|
5. |
Section 471 IPC |
RI for a period of 01 year |
Rs.1000/- |
SI for 01 month |
All the aforesaid sentences were ordered to run concurrently.
3. The petitioner preferred an appeal before the Court of Addl. Sessions Judge, Kaithal which came to be dismissed vide judgement dated 19.05.2026.
4. The instant revision petition was filed and during the pendency of the same, a compromise has been arrived at between the parties. The factum of the compromise has been admitted by learned counsel appearing on behalf of the complainant.
5. I have heard the learned counsel for the parties.
6. Keeping in view the fact that a settlement has been effected between the parties, while upholding the conviction of the petitioner, I deem it appropriate to reduce the substantive sentence of the petitioner to the period already undergone by him i.e. 04 month and 06 days out of the sentence awarded of 03 years. However, the sentence of fine and sentence in default of payment of fine shall remain intact.
7. The Jail Authorities are directed to release the petitioner forthwith, if he is not required in any other case.
8. The revision petition stands disposed of in the above terms.
Order accordingly.
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