SURINDER SINGH Vs. HEM RAJ AND ANR.

JUDGEMENT

(1.) THE Petitioner is aggrieved by his conviction under Section 138 of The Negotiable Instrument Act by two Courts below. Before the learned Judicial Magistrate 1 Class, Rajgarh he was sentenced to suffer simple imprisonment of three months and to pay a fine of Rs. 40,000/ - and in default of payment of fine amount to undergo simple imprisonment for three months.

(2.) IN brief, the facts of the case are that Petitioner herein issued a cheque for consideration in the sum of Rs. 1,50,000/ - which was dishonoured on presentation. In appeal, learned Sessions Judge, Sirmaur District at Nahan set aside the sentence of imprisonment of three months and ordered to pay a fine of Rs. 2 lacs in stead of cheque amount of Rs. 1,50,000/ -. In other words, he was directed to pay a sum of Rs. 2 lacs as compensation to the complainant/Respondent.

(3.) ADVERTING to the first contention, I do not find that the learned Sessions Judge, has committed any illegality in imposing fine amount of Rs. 2 lacs for the reasons that the principal amount was Rs. 1,50,000/ - and learned Sessions Judge awarded Rs. 2 lacs as compensation which is reasonable from any angle. The cheque was issued in the year 2005 and the principal amount would be earning interest had it been invested by the Respondent in a nationalized bank.