S. MANJUNATH Vs. SRI. L. SURESH

JUDGEMENT

(1.) ON the complaint of the Petitioner under Section 200 Code of Criminal Procedure, the Respondent came to be prosecuted before the learned XVI Additional Chief Metropolitan Magistrate, Bangalore, for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short), and eventually by the judgment and order dated 5.6.1999, came to be convicted of the said offence, and sentenced to a fine of Rs. 60,000/ -, in default, to SI for six months. Out of the fine amount, if recovered, a sum of Rs. 58,000/ - was ordered to be paid to the Petitioner -complainant as compensation. It may be mentioned in this context that the cheque concerned was for a sum of Rs. 55,000/ -. When the Respondent took up the matter in appeal before the learned Sessions Judge, the Appellate Court affirmed the conviction. But, so far as sentence is concerned, referring to the decision of the Supreme Court in K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, AIR 1999 SC 3762 , the learned Appellate Judge held that, the learned trial Judge could not have imposed fine of more than Rs. 5,000/ -, and that, therefore, the trial Court, in imposing the fine of Rs. 60,000/ -. has acted illegality. The Appellate Judge, while thus affirming the conviction, set aside the sentence and remitted the matter to the trial Court for the purpose of imposing sentence in accordance with law after hearing both the sides. The Petitioner -complainant, being aggrieved with this part of the order of the learned Appellate Judge relating to sentence, has come up in revision under Section 397 Code of Criminal Procedure.

(2.) THE Respondent, though served with notice, has remained absent. I have heard Sri Somashekara Reddy, learned Counsel for the Petitioner.

(3.) AN offence under Section 138 of the Negotiable Instruments Act is punishable with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both. Section 142(c) provides that, no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under Section 138 of the Negotiable Instruments Act. Thus, even a Judicial Magistrate of the first class is enabled to try the said offence punishable under Section 138 of the Negotiable Instruments Act. Section 29 Code of Criminal Procedure reads thus: Section 29. Sentences which Magistrates may pass.