KAUSHALYA DEVI MASSAND Vs. ROOPKISHORE

JUDGEMENT

(1.) Leave granted.

(2.) On a complaint filed by the Appellant herein, Smt. Kaushalya Devi Massand, the Respondent herein, Roopkishore, was convicted by the Judicial Magistrate First Class, Indore (M.P.), Under Section 138 of the Negotiable Instruments Act, 1881, in Criminal Case No. 445 of 2000. Having regard to the fact that the Respondent had deposited a sum of Rs. 3,50,000/-, as against the cheque amounting to Rs. 2 lakhs, the learned Magistrate was of the view that sentence of fine only would suffice without awarding any jail sentence. The learned Magistrate, accordingly, sentenced the Respondent to pay a fine of Rs. 4 lakhs which was to be paid to the Appellant herein as compensation. However, the learned Magistrate also indicated that a sum of Rs. 3,50,000/- had already been deposited and that the balance amounting to Rs. 50,000/- was to be deposited by the Respondent and if deposited, the same was to be paid to the Appellant. On failure to deposit the said amount of Rs. 50,000/-, the Respondent would have to undergo two months Rigorous Imprisonment.

(3.) The order of the learned Magistrate was challenged by the Respondent before the learned Third Upper Sessions Judge, Indore (M.P.), by way of Criminal Revision No. 593 of 2006. The learned Sessions Judge while confirming the judgment of conviction passed by the Magistrate, remanded the matter to the learned Magistrate for a fresh hearing on the question of quantum of sentence and to pass an order accordingly.