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TMI Blog2020 (3) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/2002 of the Judicial First Class Magistrate Court-II, Thamarassery, for the offence punishable under Section 138 of the Negotiable Instruments Act,1881. By judgment dated 25.07.2003, the accused was convicted the sentence to undergo simple imprisonment for two months and to pay compensation of Rs. 10,000/- and in default of payment of compensation, to undergo simple imprisonment for one month mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed calling up on him to pay the amount within 15 days from the date of the receipt of the statutory notice. The accused received the notice. However, he did not pay back the amount as agreed nor did he sent any reply to the notice issued. Hence the prosecution was initiated proceedings under Section 138 of the Negotiable Instruments Act. 4. During the trial, PW1 was examined and marked P1 to P6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demanding the amount covered under Ext.P1 to the accused. The accused received the said notice by way of Ext.P6-acknowledgment card. However, he did not repay the amount within 15 days from the date of receipt of Ext.P4-notice. Going by the facts of the case, it is clear that all the statutory requirements as contemplated under Section 138 of the Negotiable Instruments Act, have been complied with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the offence under Section 138 of the Negotiable Instruments Act. Instead of sentencing the accused for a jail term, it is just and proper to sentence the accused to pay a fine of Rs. 10,000/- and in default to undergo simple imprisonment for a period of two months more. In case the fine amount is remitted the same shall be paid to the complainant as compensation. In the result the revision petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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