A.C. Muniraju vs S.M. Narayanagowda

A.N. Venugopalagowda

Sri. Vijayakumar, learned Advocate appearing for the petitioner submitted that the cheque in question-Ex. P1 was issued by the petitioner to the respondent for payment of Rs. 12,00,000/- and for certain reasons which were not within the control of the petitioner, the said cheque bounced and that a demand notice-Ex. P3 was issued by the respondent to the petitioner to pay cheque amount. Since the petitioner was in financial crisis, he could not pay the cheque amount and the complaint-Ex. P6 was filed. Learned Counsel submits that the petitioner has deposited Rs. 2,75,000/- and is prepared to pay the cheque amount with reasonable amount of fine and he submitted that sentence of payment of fine of Rs. 15,10,000/- ordered by the Trial Court and confirmed by the Appellate Court being harsh, the same may be modified and the petitioner may be granted a month''s time to deposit the balance fine amount in the Trial Court. Learned Advocate appearing for the respondent, opposed the reduction of fine amount and also the grant of any time to the petitioner to deposit balance fine amount. Learned Counsel submitted that the cheque in question was issued for payment of Rs. 12,00,000/- on 10.04.2007 and even after more than five years, the petitioner has not paid the amount.

The petitioner faced prosecution for the offence punishable u/s 138 of N.I. Act. The Trial Court found the petitioner/accused guilty for the offence punishable u/s 138 of N.I. Act and sentenced him to pay fine of Rs. 15,10,000/-, in default, to undergo simple imprisonment for a period of one year. From the fine amount, when realised, Rs. 15,00,000/- was ordered to be paid to the complainant as compensation.

Crl. A. No. 688/2011 filed by the accused in the Sessions Court, Bangalore city was dismissed on 15.02.2012.

The Courts below have concurrently found the accused/petitioner guilty of the offence punishable u/s 138 of N.I. Act. The challenge to the judgment of the conviction has been given by Sri. Vijaykumar, learned Advocate appearing for the petitioner. Since the cheque in question was issued on 10.04.2007 for payment of Rs. 12,00,000/- and as the petitioner has already deposited Rs. 2,75,000/- and has come forward to deposit in the trial Court the balance cheque amount within a period of one month, in my opinion, there is need to modify the sentence of payment of fine.

In the result, the conviction of the petitioner for the offence punishable u/s 138 of N.I. Act is maintained. The sentence of payment of fine is modified.

The petitioner is sentenced to pay Rs. 14,10,000/-. Rs. 2,75,000/- having been deposited, the same be released to the complainant and the balance fine amount be deposited in the trial Court on or before 31.10.2012. In case of default, the petitioner-accused shall undergo simple imprisonment for a period of one year. The bail bond and surety bond shall stand cancelled if the balance fine amount is not deposited on or before 31.10.2012 and the petitioner shall surrender before the Trial Court and serve jail sentence.

The fine amount when realised, Rs. 14,00,000/- be released in favour of the complainant and the balance amount be forfeited to the State.

Petition is disposed of accordingly.