JANAGI Vs. LAKSHMI

JUDGEMENT

(1.) A complaint was laid against the respondent herein under Sec.138 of the Negotiable Instruments Act, on the following allegations:

(2.) ON behalf of the complainant, three witnesses were examined, including the complainant and Exs.P-1 to P-8 were marked. ON the side of the defence, a document has been marked as Ex.D-1. The Judicial Magistrate, No.III, Erode, found the accused guilty under Sec. 138 of the Negotiable Instruments Act and held that the period of custody of the accused viz., 6 days shall be the sentence. The complainant has preferred this revision, questioning the inadequacy of the sentence imposed by the Magistrate.

(3.) IT is to be pointed out that the complainant is the aggrieved party here. This is not a case that calls for a compassionate approach or a liberal view of the matter. The Judicial Magistrate No.III, Erode, had committed a grave error in letting off the accused with such a very light punishment. Therefore, it is a fit case that calls for an enhanced sentence. The object of sentence must be reformative and deterrent. If sentences are to be imposed in this light hearted fashion, then there will be only offences galore. IT is the duty of the court to interpret the provisions of law and implement the same with a view to advance the cause of justice. But, herein this case, the sentence imposed by the Judicial Magistrate No.III, Erode, is no sentence at all, in the eye of law.