SATHYAN AYYAPPAN SATHYAN Vs. YOUSU

JUDGEMENT

(1.) Does the criminal court have the power to direct payment of interest on the amount of compensation directed to be paid under Section 357(3) of the Cr.P.C This interesting question arises for consideration in this Revision Petition which is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act.

(2.) The cheque is for an amount of Rs. 25,000/- and bears the date 1.11.2004. Signature in the cheque is admitted. Notice of demand succeeded in evoking only Ext. P1 reply notice. No payment was made. The complainant examined himself as PW1 and proved Exts. P1 to P5. The accused did not adduce any oral evidence. He proved Exts. D1 & D2. The accused raised a plea that the cheque was not issued for the due discharge of any legally enforceable debt/liability; but was issued only as security in a transaction between the wife of the accused and the complainant.

(3.) The courts below concurrently came to the conclusion that the complainant has succeeded in establishing all ingredients of the offence punishable under Section 138 of the N.I. Act Accordingly they proceeded to pass the impugned concurrent judgments. The petitioner faces the sentence of imprisonment till rising of court. There is a further direction under Section 357(3) of the Cr.P.C. to pay an amount of Rs. 25,000/- along with interest at the rate of 12% per annum from 1/11/04 -the date of the cheque.