T R SACHDEVA Vs. GUJRAL TOOLS AND FORGINGS

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant was tried under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act"]. THE trial court acquitted him of the charge. However, on a petition for leave to appeal filed by the complainant, the High Court reversed the order of acquittal, convicted the appellant under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of six months and to pay compensation of rupees four lakhs; in default, to undergo further imprisonment for a period of six months. Hence, this appeal by special leave.

(3.) HAVING heard learned counsel for the parties and keeping in view the facts and circumstances of the case including the deposit of rupees four lakhs by the appellant, we are of the view that ends of justice would be met in case the sentence of imprisonment imposed on the appellant is set aside and the order awarding compensation is maintained.