SANTHA KUMARI Vs. RAJA

JUDGEMENT

(1.) THE revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. THE trial court convicted and sentenced her to undergo simple imprisonment for a period of one month and to pay a sum of Rs.50,000/- to the complainant as compensation under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for a further period of one month as per judgment dated 24/10/2002 in S.T.No.894/2000. THE order of conviction and sentence passed by the trial court under Section 138 of the N.I.Act was confirmed by the appellate court (vide judgment dated 05/06/2004 in Crl.Appeal No.494/2002).

(2.) HEARD the learned counsel for the revision petitioner/accused and the learned counsel for the 1st respondent/complainant. The learned Public Prosecutor is also heard.

(3.) A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. About 11 years is already elapsed after the issuance of the disputed cheque. In the absence of challenge on any specific grounds, it is not necessary for me to advert to facts in any greater detail. Therefore the verdict of guilty and conviction do not warrant any interference and the same is confirmed. Only the cheque amount of Rs.50,000/- has been ordered as compensation by the courts below. Considering the lapse of 11 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.50,000/- should be enhanced to Rs.55,000/-. The revision petitioner can be granted three months time to pay/deposit the amount of compensation and in default to undergo simple imprisonment for two months.