UPTRON INDIA LTD - COMPLAINANT Vs. UT CHANDIGARH

JUDGEMENT

(1.) THIS revision petition is filed against the sentence imposed by the Judicial Magistrate Ist Class, Chandigarh in Complaint No. 91 of 1993. The petitioner complainant launched the prosecution against the accused -respondent for the offence under Section 138 of the Negotiable Instruments Act.

(2.) ACCORDING to the complainant -petitioner, it supplied T.V. sets to the accused and towards part payment of the amount, the accused issued a cheque on 30.10.1992 for a sum of Rs. 1,00,000/ -. When the cheque was presented for encashment, it was dishonoured on the ground of insufficient funds. Thereafter the complainant gave a notice to the respondent and filed the complaint against the accused under Section 138 of the Negotiable Instruments Act. On the first date of appearance, the accused respondent paid the amount/draft to the complainant he also stated that he was a new entrepreneur and as he has already paid the amount, a lenient view be taken. Accordingly, the learned Judicial Magistrate Ist Class sentenced him to pay a fine of Rs. 500/ - and in default of payment of fine, to undergo simple imprisonment for one month. The complainant filed this revision petition for enhancement of fine.

(3.) IT is an admitted fact that the amount covered by the cheque has been paid to the complainant and no amount thereunder is due now. The accused -respondent is a new entrepreneur in the sales of T.V. sets manufactured by the complainant. Having regard to all these facts and circumstances of the case, the learned Judicial Magistrate Ist Class imposed a fine of Rs. 500/ - on the accused -respondent. It cannot be said that the trial Court exercised its discretion illegally or arbitrarily. Therefore, I do not find any ground warranting interference in the above said revision petition and accordingly dismiss the same. Revision dismissed.