P.J. KUNJUMON Vs. EDWIN TOMSON

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under section 138 of the Negotiable Instruments Act in C.C. No.419 of 2016 on the file of the Judicial First Class Magistrate Court-V, Ernakulam, instituted on the basis of a complaint filed by the first respondent herein.

(2.) The dishonoured cheque dated 31.12.2014 involved in this case is for Rs. 2,65,000/-. During the pendency of the present proceedings, the petitioner's counsel submitted that the petitioner is prepared to pay the full cheque amount of Rs. 2,65,000/- to the complainant and that the said amount would be deposited by him before the trial court. Accordingly, this Court had permitted the petitioner to deposit the said full cheque amount of Rs. 2,65,000/- before the trial court concerned. The trial court (Court of the Judicial First Class Magistrate Court-V (I Additional Munsiff Court), Ernakulam) as per the report dated 14.7.2017 had informed the Registry of this Court that the accused in this case had deposited the entire cheque amount of Rs. 2,65,000/- vide challan No.14763 dated 28.6.2017. Later, the learned counsel for the first respondent/complainant submitted that a civil suit is pending between the parties as O.S.No.1210 of 2016 on the file of the Munsiff Court-IV, Ernakulam, for recovery of the moneys covered by the very same cheque in question and that the interest of justice demands that the petitioner should be directed to pay interest on the cheque amount as well.

(3.) Learned counsel for the petitioner had fairly submitted that on the basis of the judgment of the Apex Court in R. Vijayan v. Baby and another reported in (2012) 1 SCC 260 , it has been held that the criminal trial court could award interest up to 9% from the date of cheque, in complaints involving offence under section 138 of the Negotiable Instruments Act and that in case this Court so directs, then the petitioner is prepared to pay 9% interest on the said cheque amount of Rs. 2,65,000/- from the date of cheque (31.12.2014) up to the date on which the said cheque amount has been deposited before the trial court. Accordingly, this Court had passed order dated 4.8.2017 directing that the petitioner should also deposit an additional amount so as to cover the interest @ 9% on the cheque amount of Rs. 2,65,000/- from 31.12.2014 up to the date on which the above said interest amount is deposited before the trial court. It is now pointed out by the learned counsel for the first respondent/complainant that the petitioner had in compliance with this Court's order dated 4.8.2017 had deposited the additional interest amount coming to Rs. 63,000/- and that totally an amount of Rs. 3,28,000/- has been deposited by the petitioner before the trial court in relation to this case.