AI Structured Summary
Not yet generated for this judgment
Judgment
P.Somarajan, J
This criminal revision is against the concurrent findings rendered by both the courts below pertaining to the conviction for the offence punishable under Section 138 of the Negotiable Instruments Act.
When the matter came up for hearing, the learned counsel for the petitioner fairly submitted that there is no reason to interfere with the finding of the trial court. The complainant had given oral evidence as PW1 and also produced all documents pertaining to the dishonour of the cheque and the mandate to be complied under Section 138 of the Negotiable Instruments Act. No sufficient evidence was tendered in order to rebut the presumption available under Section 139 of the Negotiable Instruments Act. Hence, the judgment of conviction concurred by the First Appellate Court deserves no interference.
But, the sentence awarded seems to be so exorbitant. The trial court imposed a substantive sentence of six months simple imprisonment, which was reduced by the First Appellate Court to one month and a compensation of Rs.8,06,820/-. Section 138 onwards is incorporated under the Negotiable Instruments Act so as to give more rigour and rigidity to commercial transactions. While taking into consideration all attending circumstances and the nature of the offence alleged, it is fit and proper to reduce the sentence to the period of detention already undergone till today, and also the compensation awarded by the trial court stood confirmed by the First Appellate Court, which comes to Rs.8,06,820/-.
The Crl.R.P. will stand allowed accordingly.
The Registry shall communicate the order to the trial court so as to release the accused forthwith. The accused shall remit the compensation within a period of two months from today. Till that time, no coercive steps shall be taken.