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Judgment
4 paragraphs · 348 wordsA.N. Venugopala Gowda
Challenging the judgment of conviction and the sentence imposed on the petitioner for the offence u/s 138 of N.I. Act, this revision petition has been filed. Sri. Praveen C, learned Advocate appearing for the petitioner, after arguing the matter for sometime submitted that the challenge is confined only to the quantum of sentence and for grant of reasonable time to deposit the balance fine amount.
Perused the record. Respondent prosecuted the petitioner for the offence u/s 138 of N.I. Act in C.C. No. 12842/2004, on the file of XV Additional Chief Metropolitan Magistrate, Bangalore. After trial, petitioner was found guilty and was convicted for the offence u/s 138 of N.I. Act and sentenced to pay fine of Rs. 2,60,000/- in respect of the cheque issued by the petitioner for Rs. 2,00,000/-, which bounced, whereafter demand notice was issued and the amount having not been paid, the complaint was filed. Since the ingredients of the offence u/s 138 of N.I. Act was met and the statutory presumption u/s 139 of the Act was not rebutted, trial Court is justified in convicting the petitioner for the offence u/s 138 of the Act. The Appellate Court, upon reappreciation of the evidence has rightly concluded that the appeal is devoid of merit and hence, has dismissed the appeal. However, the courts below are not justified in sentencing the petitioner to pay fine of Rs. 2,60,000/-. Since petitioner has already deposited Rs. 1,17,500/-, I deem it appropriate to modify the sentence. The sentence imposed by the trial Court and affirmed by the appellate Court is set aside. Petitioner is sentenced to pay Rs. 2,30,000/-. Two months time is granted to deposit the balance fine amount in the trial Court. The amount in deposit be released in favour of the complainant. The balance fine amount if deposited or realised, the same be paid to the complainant as compensation. Bail bonds shall stand cancelled and the petitioner shall surrender before the trial Court, if the balance fine amount is not deposited within the time allowed.
Petition is disposed of accordingly.