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Supreme CourtDivision Bench(2004) 04 SC CK 0025

Subhash vs State of Rajasthan and Another

Supreme Court Of India · Decided on 16 April 2004 · Citation: (2005) 2 ACR 2144 : (2004) 11 SCC 398

HON’BLE JUDGES
R. C. Lahoti, J · Ashok Bhan, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 488 of 2004

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Judgment

7 paragraphs · 384 words

R.C. Lahoti and Ashok Bhan, JJ.—Leave granted.

2.

The Appellant has been held guilty of an offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to suffer one year''s simple imprisonment with a fine of Rs. 10,212 by the trial court. In appeal, the substantive sentence of imprisonment has been reduced to four months while the amount of fine has been maintained.

3.

The learned Counsel for the Appellant states that the amount of fine has been deposited by the Appellant, out of which an amount of Rs. 9,000 is payable by way of compensation to the complainant as directed by the trial court. The Appellant does not dispute the levy of fine and the direction for payment of Rs. 9,000 by way of compensation to the complainant. The learned Counsel further states that the cheque was for an amount of Rs. 5,106 which was dishonoured and the Appellant is agreeable to pay this amount of Rs. 5,106 also to the complainant and for that purpose, he submits that the amount shall be deposited with the trial court within a period of one month from today.

4.

It is further pointed out that the Appellant has already remained in jail for about 20 days.

5.

Considering all the facts and circumstances of the case and specially the fact that earlier also, the Appellant had tried to make payment to the Respondent by tendering a bank draft but the same could not be encashed on account of the date for encashment having expired and there was some controversy which centered around the same, the appeal is partly allowed. Though the conviction of the Appellant is maintained but the sentence of imprisonment is reduced to the period already undergone. The amount of fine is enhanced to Rs. 15,318, out of which the amount of compensation payable to the complainant shall be Rs. 14,106. The amount already deposited by the Appellant shall be adjusted against the amount now directed to be paid under this order.

6.

The appeal stands disposed of in the abovesaid terms and the judgment of the High Court under appeal shall stand modified accordingly.

7.

The Appellant is on bail. On compliance with this order within a period of one month, the bail bonds furnished by the Appellant shall stand discharged.