9911796707
TMI Blog2014 (8) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant. The cheque is dated 11/04/2003. When it was presented for encashment on the same day, it bounced. The Appellant filed complaint on 27/05/2003. The trial was conducted by the Judicial Magistrate No. V, Coimbatore. Learned Magistrate by order dated 05/09/2005 convicted the Respondent under Section 138 of the Negotiable Instruments Act ("the NI Act") and sentenced him to undergo six months imprisonment and also to pay fine of ` 4,000/-, in default, to undergo three months further imprisonment. Being aggrieved by this judgment, the Respondent preferred an appeal in the Court of Additional District Judge, Fast Track Court No. 1, Coimbatore. The learned Additional District Judge confirmed the conviction. However, the Additional Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... V, Coimbatore, before being remanded into the Judicial Custody then the accused will be set at liberty and the sentence by two months simple imprisonment would not be operated against the accused. If the accused remits the said compensation and it is open to the complainant to withdraw the said amount from the Trial Court along with a copy of this order. If the accused pays the said compensation amount, the fine amount shall be returned to him." 2. We have heard learned Counsel for the Appellant at some length. Though notice is served on the Respondent, he is not appearing either in person or through a lawyer. This Court, therefore, appointed Mrs. Nanita Sharma as amicus curiae. We have heard learned amicus curiae also. 3. Learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such a nature as to give proper effect to the object of the legislation. No drawer of the cheque can be allowed to take dishonour of the cheque issued by him light heartedly. The very object of enactment of provisions like 138 of the Act would stand defeated if the sentence is of the nature passed by the trial Magistrate. It is a different matter if the accused paid the amount at least during the pendency of the case." 5. Again, in R. Vijayan v. Baby and Anr. 2011 (4) R.C.R. (Criminal) 743 : 2011 (4) R.C.R. (Civil) 834 : 2011 (6) Recent Apex Judgments (R.A.J.) 19 : (2012) 1 SCC 260 this Court considered the same question. This Court also examined the need to award compensation to the complainant. This Court was of the opinion that the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r needs to be modified. Hence, we sentence the Respondent-accused to undergo simple imprisonment for a period of six months for offence under Section 138 of the NI Act. Considering the fact that the cheque amount is ` 6,19,488/- (Rupees six lakh nineteen thousand four hundred eighty eight only), we direct the Respondent-accused to pay compensation of ` 10,00,000/- (Rupees ten lakh only) to the Appellant. In default of payment of compensation, the Respondent-accused will have to undergo simple imprisonment for a period of six months. 7. We are informed that the Respondent-accused is still a free agent and he has not yet surrendered. Upon receipt of this order, learned Judicial Magistrate No. V, Coimbatore shall initiate appropriate action s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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