K BHASKARAN Vs. SANKARAN VAIDHYAN BALAN

JUDGEMENT

(1.) Leave granted.

(2.) This a case where the complainant and the accused are siblings, being sons of the same parents. They are fighting over a dishonoured cheque. Both must have experienced a roller-coaster ride in this criminal litigation. Fortune favoured the accused in the first round as he scored an acquittal from the trial Court, but it favoured the complainant in the next round when the High Court reversed the acquittal and convicted his brother of the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act'). Perhaps the accused would have remained quiet by then, but for the sentence of imprisonment (six months) which he has now to undergo besides a fine of rupees one lakh which the High Court has imposed on him. So this time it is the turn of the accused to move and hence he has filed this appeal.

(3.) We thought that the two brothers would settled their disputes over this cheque case and we granted sufficient opportunity to both. But the battle is destined to continue as the expected settlement eludes like a mirage. We do not know at whose fault the parleys went awry. We cannot but proceed with the case and so we heard the counsel for both.