SANDEEP M Vs. MANJUNATH BHAT

JUDGEMENT

(1.) HEARD the learned counsel on both sides and perused the record.

(2.) RESPONDENT filed a complaint against petitioner for an offence under S.138 of the Negotiable Instrument Act ("the Act" for short) which was registered in C.C.No. 1748/2006 in the Court of JMFC., at Puttur. Accused/petitioner was found guilty and was convicted. He was sentenced to pay fine of Rs.1,50,000/-, in default of the payment of fine amount, to undergo simple imprisonment for one year. It was made clear that, if fine amount were to be realised, Rs.1,40,000/- be payable to the complainant. Crl.A.No.239/2009 filed in the District and Sessions Court at Mangalore was dismissed as devoid of merit on 27.1.2009. Feeling aggrieved, accused has filed this Criminal Revision Petition.

(3.) HOWEVER, there is merit in the contention of the learned counsel for the petitioner that the fine imposed is excessive. Ex.P1 was issued for Rs.1,00,000/-. In the circumstances, the fine which the Trial Court ought to have imposed was Rs.1,20,000/- and when realised, to pay out of it Rs.1,15,000/- as compensation to the complainant. The Appellate Court has failed to examine the said aspect of the matter. Keeping in view the record, the petition has to be allowed in part. Indisputably, 25% of the cheque amount has been deposited in the Trial Court. In the circumstances, petitioner has to be granted reasonable time to deposit the balance fine amount. In the result, I pass the following order: