B.V. Vidhyashankar vs B. Mahaveer Kumar

Leave granted.

We have heard the learned Counsel for the parties.

The Appellant issued a cheque bearing No. 112378 dated 5.12.2002 of Citibank for Rs. 1,30,000/- in favour of the Respondent, which was dishonored when presented to the drawee bank. The Respondent filed a complaint u/s 138 of the Negotiable Instruments Act, 1881.

The Trial Court convicted the Appellant for having committed the offence punishable u/s 138 of the Negotiable Instruments Act and sentenced him to pay a fine of Rs. 2 lakhs, out of which Rs. 1,90,000/- to be paid to the complainant and the remaining Rs. 10,000/- to be appropriated by the State. The order of conviction and sentence passed by the Trial Court was affirmed by the revisional court and the High Court.

The Appellant has deposited Rs. 1 lakh before the Trial Court and in pursuance of the direction of this Court, Rs. 1 lakh has been deposited in the Registry of this Court.

Learned Counsel for the Respondent-complainant submits that the Respondent has no objection in setting aside the order of conviction of the Appellant if out of the amount of Rs. 2 lakhs deposited by the Appellant Rs. 1,90,000/- is given to him.

In the peculiar facts and circumstances of this case, we are of the considered view that ends of justice would meet if the Respondent-complainant is paid Rs. 1,90,000/-, with interest accrued thereon, and the conviction of the Appellant is set aside. We order accordingly.

The amount of Rs. 1 lakh which has been deposited in the Trial Court be handed over to the Respondent-complainant within four weeks from today and out of Rs. 1 lakh deposited by the Appellant in the Registry of this Court, Rs. 90,000/-, with interest accrued thereon, be paid to the Respondent complainant and Rs. 10,000/- be appropriated by the State.

However, we make it clear that this case has been decided on its own peculiar facts and shall not be treated as a precedent.

The appeal is disposed of with the aforementioned observations and directions.