Vijayan vs Sahadevan & Anr

The Appellant issued a cheque of Rs. 80,000/- in favour of Respondent No. 1 - Complainant, which was dishonoured due to insufficiency of funds. Proceedings u/S. 138 of the Negotiable Instruments Act, 1881 were initiated by Respondent No.1 against the Appellant - Accused. The Judicial Magistrate, First Class, Haripad vide Judgment and Order dated 30.11.1998 acquitted the Appellant.

Aggrieved by the said Order, the Respondent No.1-Complainant filed an Appeal before the High Court to challenge the order of acquittal. The High Court vide the impugned judgment dated 05.02.2008, allowed the Criminal Appeal, and convicted the Appellant for the offence u/S. 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo S.I. for one year. The Appellant was directed to pay an amount of Rs.90,000/- to Respondent No.1-Complainant as compensation.

The Judgment of the High Court was impugned by the Appellant before this Court in the present Criminal Appeal. This Court vide Order dated 01.05.2009 issued notice, and directed the Appellant-Accused to be released on bail.

The Respondent No.1 has not participated in the proceedings before this Court.

This Court vide Order dated 29.03.2019 granted Leave to Appeal. By Order dated 27.08.2019, the Appellant - Accused was directed to deposit Rs.80,000/- before the Judicial Magistrate, First Class, Haripad in favour of Respondent No.1-Complainant within a period of six weeks on account of the indigent circumstances of the Appellant. The Judicial Magistrate was directed to release the payment to Respondent No.1-Complainant.

The Appellant-Accused has filed proof of deposit of Rs.80,000/- on 17.09.2019 in favour of Respondent No.1 before the Court of Judicial Magistrate, First Class, Haripad.

We direct the Judicial Magistrate, First Class, Haripad to release the amount deposited to Respondent No.1-Complainant after due identification.

We are of the view that the sentence awarded by the High Court be modified to the period already undergone.

A copy of this Order be forwarded to the Judicial Magistrate, First Class, Haripad for compliance.

Let a report of disbursement of the amount to the Respondent be sent to this Court.

The present Criminal Appeal is disposed of in the aforesaid terms. Consequently, Crl.M.P.No.158552 of 2019 is also disposed of. Ordered accordingly.