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Judgment
P.Somarajan, J
This revision is against the concurrent findings of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (for short “the N.I. Act”) and the sentence awarded which comes to three months simple imprisonment and fine amount of Rs.35,000/-. The cheque amount comes to only Rs.32,500/-, for which a fine was also imposed. Being a deemed offence created under Section 138 of the N.I. Act, it is not fit and proper to order substantive sentence by way of imprisonment, that too for a period of three months in the absence of a commercial transaction. Hence, the same will stand modified by imposing simple imprisonment for one week and a fine amount of Rs.35,000/-, in default to undergo simple imprisonment for another period of two weeks. It is submitted during the course of argument by both the learned counsel for the petitioner and respondent that she had already undergone imprisonment for a period of 96 days. So, the default sentence will stand adjusted towards the imprisonment already undergone along with the substantive sentence of one week imprisonment. Necessarily, there will be an order to release the petitioner and set her at liberty if her presence is not required in connection with any other case.
The Criminal Revision Petition will stand allowed in part accordingly.
The Registry is directed to issue a certified copy today itself so as to enable the release of petitioner without causing further delay in the matter.