SHEELA SHARMA Vs. MAHENDRA PAL

JUDGEMENT

(1.) The respondent was prosecuted by the appellant by criminal complaint no.375/01/2011 for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 on the ground that he having taken a friendly loan of Rs. 10 lacs from her sometime around Oct., 2008 and having assured repayment after 24 months, had issued a cheque on 21.07.2011 for a sum of Rs. 10 lacs in her favour which upon presentation was returned unpaid by the bank with remarks "funds insufficient" and in spite of notice of demand dated 23.08.2011 sent on 01.09.2011, he had failed to make any payment.

(2.) The case was contested by the respondent, inter alia, on the grounds that the cheque had not been issued for discharge of any legally enforceable liability. The Metropolitan Magistrate dismissed the complaint acquitting the respondent by her judgment dated 18.05.2015. The appellant brought the criminal appeal against acquittal, with leave of this court, challenging the said decision.

(3.) The criminal appeal no.798/2016 was decided by judgment dated 02.08.2016 whereby it was found that the respondent's guilt for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 has been brought home. He was thus convicted and the question of sentence was considered on 15.09.2016. On that date the respondent (convicted person) tendered Rs. 1.25 lacs in cash to the complainant (the appellant) which was accepted by her without prejudice to her rights and contentions. The court considered the question of sentence and decided to impose a fine of Rs. 15.50 lacs. Since the respondent was seeking such liberty, by order dated 15.09.2016, he was granted time till next date (22.12.2016) for first instalment of Rs. 4 lacs to be paid, the remaining amount to be paid in Feb., 2017. It was further directed that if the amount was not deposited as per schedule so fixed, the convict would undergo simple imprisonment for a period of three months, such sentence, however, to remain suspended till further orders on the condition the convict would furnish solvent security to the satisfaction of the court within four weeks for the amount of Rs. 15.50 lacs. The matter was directed to be listed before the joint Registrar (judicial) on 04.10.2016 for such purposes.