Rema vs Abdul Rahiman and Another

Leave granted.

Heard the learned counsel for the parties.

This appeal is filed against the judgment and order dated 25.10.2002 whereby in the Revision Application filed by the appellant, the High Court has modified the sentence awarded by the Judicial Magistrate First Class which is affirmed in appeal by the Sessions Judge and directed the appellant to undergo simply imprisonment for a period of one week and to pay an amount of Rs. 1,75,000 as compensation u/s 357(3) Cr.P.C. In default of payment of compensation, she is required to undergo simple imprisonment for a period of two months.

It has been admitted by the learned counsel for the respondent-complainant that appellant has deposited Rs. 1,75,000 which was the amount payable under the dishonoured cheque and out of the said amount he has withdrawn Rs. 1,25,000. With regard to the remaining amount of Rs. 50,000 the amount is kept in the custody of the trial Court.

Considering the fact that appellant has already deposited the entire amount payable under the dishonoured cheque and also the fact that the appellant is a lady, we modify the order of sentence and instead of seven days simple imprisonment, we direct the appellant to pay a fine of Rs. 5,000, in default to suffer simple imprisonment for seven days. The Trial Court is directed to release the amount of Rs. 50,000 which is deposited by the appellant with the trial Court. The appeal stands disposed of accordingly.