P T RATNAKARAN Vs. V K PRABHAKARAN

JUDGEMENT

(1.) Leave granted.

(2.) We have heard counsel for the parties.

(3.) The appellant has since deposited the sum of Rs. 50,000.00 (Rupees fifty thousand only) which is payable to the respondent. It is submitted on behalf of the appellant that a sentence of imprisonment in default of payment of fine could not have been imposed in the instant case since the conviction is u/s. 138 of the Negotiable Instruments Act which does not provide for sentence of imprisonment in default of payment of fine. Counsel for the respondents does not dispute the said legal proposition.