N K MOIDEEN Vs. K KHALID

JUDGEMENT

(1.) THIS revision petition is filed by the complainant in C.C. No. 49 of 1995 on the file of the Judicial First Class Magistrate Court, Payyoli. The first respondent herein was the accused in that case, which was filed by the complainant alleging commission of the offence under Section 138 of the N.I. Act, involving a cheque for Rs.50,000/- In the trial court, the accused was convicted under Section 138 of the N.I. Act and he was sentenced to pay a fine of Rs.50,500/- and in default to undergo S.I. for six months. Out of the fine amount, Rs.50,000/- shall be given to the complainant as compensation. In appeal, the sentence was modified and the accused was sentenced to pay a fine of Rs.5,000/- and in default to undergo S.I. for one month and if the fine amount is realised, it will be paid to the complainant as compensation under section 357(1) Cr.P.C.

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

(3.) THE learned counsel for the revision petitioner submitted that the learned appellate Court while sentencing the accused to pay a fine of Rs.5,000/- ought to have ordered the accused to pay compensation equivalent to the cheque amount to the complainant.