SURESH Vs. NATARAJAN

JUDGEMENT

(1.) Aggrieved over the inadequacy of sentence imposed upon the respondent/accused sentencing him to pay a fine of Rs. 5,000/-, in default to undergo S. I. for 3 months, for the offence under Section 138 of the Negotiable Instruments Act, the petitioner/complainant has filed this Revision invoking Sections 397 and 401 Cr. P.C.

(2.) Suresh, the petitioner herein/complainant, on non-payment of a cheque amount of Rs. 25,000/- by the accused, despite the issue of statutory notice, filed a private complaint in C.C.No. 57/96 on the file of the District Munsif-cum-Judicial Magistrate, Vedasandur. The trial Court on consideration of the materials produced by P.Ws. 1 and 2 through whom Exs. P1 to P6 were filed on the side of the prosecution and the evidence of D.W.1 on the side of the defence, convicted the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to pay a fine of Rs. 5,000/-, in default to undergo S. I. for 3 months.

(3.) The grievance ventilated by the petitioner/complainant herein is that the sentence of fine of Rs. 5,000/- is not adequate in terms of the provision of the Negotiable Instrument Act, especially, when the penal section provides for the punishment of imprisonment for one year or of fine to the extent of twice the amount of the cheque or of both.