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2020 (10) TMI 725 - HC - Indian LawsDishonor of Cheque - the accused was directed to pay a sum of ₹ 3,25,000/- as compensation. Default sentence was also imposed - HELD THAT:- The learned counsel appearing for the petitioner states that the petitioner is now aged about 60 years. He is said to be suffering from old age related ailments. Therefore, the learned counsel appearing for the petitioner wanted this Court to show some indulgence. The petitioner had remitted a sum of ₹ 50,000/- at the time of obtaining suspension of sentence. The petitioner has no objection for the legal heirs of the complainant to take the said amount. The petitioner is also willing to deposit a further sum of ₹ 50,000/- to the credit of S.T.C.No.449 of 2011 on the file of the Judicial Magistrate, Aundipatti, within a period of eight weeks from the date of receipt of a copy of this order. The legal heirs of Baskaran can withdraw the same. If the petitioner does not comply with the said undertaking to pay a sum of ₹ 50,000/- more within the period mentioned above, the petitioner will undergo the default sentence. Recording the said undertaking of the revision petitioner, the Judgment passed by the Courts below is modified as follows:- a) The conviction imposed on the petitioner finding him guilty of the offence under Section 138 of the Negotiable Instruments Act is confirmed. b) The sentence of imprisonment for a period of six months Simple Imprisonment is modified to five months Simple Imprisonment. c) The petitioner has already undergone the said five months Simple Imprisonment and that therefore, he need not undergo the modified sentence of imprisonment. d) The compensation directed to be paid by the petitioner is reduced to ₹ 50,000/-. The petitioner is given eight weeks from the date of receipt of a copy of this order to deposit the said amount. The legal heirs of the complainant can withdraw the amount of ₹ 50,000/- already deposited by the accused and the amount of ₹ 50,000/- to be deposited by the petitioner. e) If the petitioner fails to pay the compensation amount of ₹ 50,000/-, the petitioner will undergo the default sentence for a period of three months Simple Imprisonment. Criminal revision petition stands partly allowed.
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