Umesha vs Hemanth Kumar

A.S. Pachhapure, J.—The order of conviction for the offence under Section 138 of the Negotiable Instruments Act, modified in the appeal is challenged in this revision petition.

The respondent had advanced a loan of Rs. 1,00,000/- and towards repayment of which, a cheque for the said sum was issued. The cheque was presented and it returned with an endorsement of insufficient funds. After issuance of notice, as the petitioner did not comply with the demand, a complaint was filed before the Trial Court for the said offence.

After recording the evidence, the Trial Court convicted the petitioner and ordered him to undergo imprisonment for two months and to pay Rs. 1,20,000/-, in default to undergo simple imprisonment for three months. Both the parties went in appeal and the Appellate Court has modified the order directing the petitioner to pay Rs. 1,65,000/-, out of which Rs. 1,60,000/- has to be paid as compensation and Rs. 5,000/- has to be credited to the State as fine.

Heard the learned Counsel for both the parties.

Learned Counsel for the petitioner submits that the amount of fine may be reduced and the order of Courts below may be modified.

On the other hand, learned Counsel for the respondent submits that the fine ordered by the First Appellate Court is reasonable and no grounds are made out to interfere with the order.

Perusal of the material placed on record reveals that the cheque issued was for Rs. 1,00,000/- and the Trial Court had ordered the petitioner to pay Rs. 1,20,000/- as compensation and to undergo imprisonment for two months. The First Appellate Court has modified the order exempting the petitioner to undergo the substantive sentence of imprisonment. The Trial Court has recorded the evidence and on observation of the parties has taken a decision to grant sum of Rs. 1,20,000/- as compensation. In fact, the Appellate Court has no such opportunity. Anyhow, taking into consideration the submission made by the learned Counsel, I deem it proper to award the fine of Rs. 1,21,000/- in default to undergo the imprisonment for three months.

Consequently, the revision petition is allowed in part. The petitioner is ordered to pay fine of Rs. 1,21,000/-. Out of the said sum, Rs. 1,20,000/- shall be paid to the respondent and Rs. 1,000/- shall be credited to the State as fine, in default of payment of fine, petitioner to undergo simple imprisonment for three months.

Petitioner is granted four months time to deposit the fine amount. The amount in deposit before the Trial Court is permitted to be withdrawn by the respondent (complainant). The remaining sum shall be paid by the petitioner within the aforesaid time.