Mahender Singh Vs. State of Andhra Pradesh & Anr.
EmailAppeal: Criminal Appeal No. 478 of 2000
(Arising out of S.L.P. (Crl.) No. 1659 of 2000)
(Arising out of Crl. M.P. No. 2943 of
2000)
(Arising out of S.L.P. (Crl.) No. 1659 of 2000)
(Arising out of Crl. M.P. No. 2943 of
2000)
Petitioner: Mahender Singh
Respondent: State of Andhra Pradesh & Anr.
Apeal: Criminal Appeal No. 478 of 2000
(Arising out of S.L.P. (Crl.) No. 1659 of 2000)
(Arising out of Crl. M.P. No. 2943 of
2000)
(Arising out of S.L.P. (Crl.) No. 1659 of 2000)
(Arising out of Crl. M.P. No. 2943 of
2000)
Judges: K.T THOMAS & R.P. SETHI, JJ.
Date of Judgment: Oct 05, 2000
Head Note:
CRIMINAL LAW
Negotiable Instruments Act, 1881
Section 138 – Conviction and sentence – Meanwhile, cheque amount paid – High Court awarding sentence of three months and fine of Rs. 5,000/-. Held that on account of complainant’s greivance being redressed, con-viction and fine of Rs. 5,000/- maintained, but sentence reduced to period already under-gone.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. This is a case in which appellant was convicted under Section 138 of the Negotiable Instruments Act by the lower court and was sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 3,09,700/-, in default, to undergo simple imprisonment for a period of four months. Though the conviction and sentence were confirmed by the Sessions Judge, the High Court reduced the sentence to imprisonment for three months and the fine to Rs. 5,000/-.
3. We are now told that the dispute regarding the cheque amount has been settled between the appellant and the payee-complainant. Learned Counsel appearing for the 2nd respondent-complainant has confirmed the fact that grievance of the complainant-payee has been completely redressed and therefore, he has no objection in giving any relief to the appellant. However, as the offence has been proved, we have to maintain the conviction. In view of the subsequent development including redressal of the grievance of the payee, we are inclined to save the appellant from any further jail sentence. We, therefore, reduce the sentence of imprisonment to the period he had already undergone. However, we maintian the fine sentence of Rs. 5,000/- undisturbed.
4. Appeal is disposed of accordingly.
1. Leave granted.
2. This is a case in which appellant was convicted under Section 138 of the Negotiable Instruments Act by the lower court and was sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 3,09,700/-, in default, to undergo simple imprisonment for a period of four months. Though the conviction and sentence were confirmed by the Sessions Judge, the High Court reduced the sentence to imprisonment for three months and the fine to Rs. 5,000/-.
3. We are now told that the dispute regarding the cheque amount has been settled between the appellant and the payee-complainant. Learned Counsel appearing for the 2nd respondent-complainant has confirmed the fact that grievance of the complainant-payee has been completely redressed and therefore, he has no objection in giving any relief to the appellant. However, as the offence has been proved, we have to maintain the conviction. In view of the subsequent development including redressal of the grievance of the payee, we are inclined to save the appellant from any further jail sentence. We, therefore, reduce the sentence of imprisonment to the period he had already undergone. However, we maintian the fine sentence of Rs. 5,000/- undisturbed.
4. Appeal is disposed of accordingly.
