N KRISHNA SHETTY Vs. N MRUTHYUNJAYA

JUDGEMENT

(1.) THIS revision is filed by the complainant against the order of conviction and sentence passed in C. C. No. 1105/95 on the file of the Addl. JMFC. , Mudigere. for inadequacy of sentence.

(2.) HEARD the learned counsel for the petitioner and the respondent.

(3.) DURING the course of the argument the learned counsel for the petitioner sub-mitted that the respondent herein has issued a cheque for Rs. 75,000/- dated 11-10-1994, which was issued for re-payment of the debt, which came to be dishonoured. Therefore, he filed a private complaint. After recording the evidence the trial Court had come to the conclusion that the respondent-accused was guilty of the offence punishable under Section 138 of the Negotiable instruments Act, though convicted but sentenced him to pay fine only. It is contended that under the law the petitioner is entitled to receive the compensation and the Court is empowered to impose fine double the cheque amount therefore, in the instant case, the trial Court has not properly appreciated the main object of enactment of section 138 of the Negotiable Instruments act (for short "n. I. Act" ). Therefore, the order under revision is liable to be modified by enhancing the fine amount.