TMI Blog2023 (9) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... ice the cheque amount and not beyond double the cheque amount. To put it correctly, no amount in excess of double the cheque amount could be imposed as fine. Thus, it appears that the learned Magistrate exceeded the statutory limit and granted 9% interest to the fine amount as in the case of a civil court decree, thereby the amount of fine exceeded the statutory limit, by imposing default clause. However, it is made clear that the courts can impose double the cheque amount as fine or lesser sum, by adding interest thereof, or to compensate the complainant otherwise, by quantifying the amount, but on any contingency the fine amount shall not exceed twice the cheque amount. Therefore, the sentence is modified, so as to maintain the same within the statutory limit. The conviction stands confirmed and the sentence stands modified, whereby the accused/revision petitioner is sentenced to undergo imprisonment for a day till rising of the court and to pay a fine of Rs.2,05,220/- and the said amount shall be given as compensation to the complainant under Section 357(1)(b) of the Cr.P.C. In default of payment of fine, the accused shall undergo imprisonment for a period of four months - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. 7. Although opportunity was given to the accused to adduce defence evidence after questioning the accused under Section 313(1)(b) of the Cr.P.C., no witnesses examined and Exhibits marked on the side of the defence. 8. Thereafter, on appreciation of evidence, after hearing both sides, the learned Magistrate found that the accused committed the offence punishable under Section 138 of the NI Act. Accordingly, he was sentenced as under: 20. Resultantly, the following sentences of imprisonment and fine are imposed on the accused. The accused is sentenced U/s. 138 of the NI Act to undergo simple imprisonment for 2 months and to pay fine of Rs.205220/-[Two Lakhs five thousand two hundred and twenty only). In case of default in payment of fine the accused shall undergo simple imprisonment for one month more. The fine amount, if realised, shall be given to PW1 as compensation U/s. 357(1) of the Cr.P.C. If the accused does not pay the fine amount within 60 days from today, PWI is entitled to get interest @ of 9% per annum on the said amount from the date of the judgment to the date of realization. The period of detention, if any, already undergone by the accused during ti- e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 32], Kalamani Tex (M/s.) anr. v. P.Balasubramanian. 13. The learned counsel for the revision petitioner argued two points while challenging the judgment of conviction as well as the sentence imposed by the trial court and confirmed by the appellate court. The first point argued by the learned counsel for the revision petitioner is that the complainant miserably failed to substantiate his authority to represent Travancore Rural Development Producer Company Ltd, Adoor. While addressing this contention, the trial court found that, as per the evidence of PW1, she had given evidence that she was the Chief Officer cum Executive Director of the complainant Company and she had direct knowledge regarding the facts of the case as well as the transaction. Acting on the said evidence, the trial court held that PW1 is competent to represent the Company. Even though this challenge was reiterated before the appellate court, the appellate court also was not inclined to accept this contention. 14. While addressing the merit of this contention, in this case, the complainant produced Exts.P1 cheque, P2 intimation memo, P3 dishonour memo, P4 copy of legal notice, P5 postal receipt, P6 acknowle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n when offence under Section 138 of NI Act is found to be committed. 138. Dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for 4 [a term which may be extended to two years ], or with fine which may extend to twice the amount of the cheque, or with both: 19. Going by the statutory restriction, the maximum sentence that can be imposed for commission of offence under Section 138 of the N.I.Act is imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque or with both. The tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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