BAPUJI MURUGESAN Vs. MYTHILI RAJAGOPALAN

JUDGEMENT

(1.) By a judgment dtd. 8/1/2019 in C.C.No.1046 of 2005, the respondent was convicted by the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo Simple Imprisonment for a period of six months and was directed to pay double the amount of cheque under Exs.P-2, P-3, P-4 and P-5 as compensation under Sec. 357(3) of the Code of Criminal Procedure.

(2.) Aggrieved by the said judgment, the respondent filed Crl.A.No.29 of 2019 and while granting suspension of sentence, by an order, dtd. 12/2/2019 in Crl.M.P.No.2131 of 2019, the learned Principal Sessions Judge, Chennai also exercised the powers under Sec. 148 of the Negotiable Instruments Act, 1881 and thereby, passed the following order:-

(3.) The complainant is aggrieved by the said order inasmuch as Sec. 148 of the Negotiable Instruments Act, 1881 lays down that 20% of the compensation/fine amount has to be deposited and in the instant case, while double the cheque amount has been ordered as compensation, the learned Principal Sessions Judge, Chennai ordered 15% of the cheque amount alone to be deposited in terms of Sec. 148 of the Negotiable Instruments Act, 1881. And hence the revision.