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TMI Blog2020 (3) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... ice. The Court below has rightly applied the presumption under Sections 138 and 139 of the Negotiable Instruments Act and convicted and sentenced the accused. However, considering the amount involved, it is not necessary to incarcerate the accused in prison for the offence under Section 138 of the Negotiable Instruments Act. Instead of sentencing the accused for a jail term, it is just and proper to sentence the accused to pay a fine of ₹ 10,000/- and in default to undergo simple imprisonment for a period of two months more. In case the fine amount is remitted the same shall be paid to the complainant as compensation. Revision allowed in part. - Crl.Rev.Pet.No.3386 OF 2004(C) - - - Dated:- 6-3-2020 - THE HONOURABLE MR.JUSTIC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The accused received the notice. However, he did not pay back the amount as agreed nor did he sent any reply to the notice issued. Hence the prosecution was initiated proceedings under Section 138 of the Negotiable Instruments Act. 4. During the trial, PW1 was examined and marked P1 to P6, on the side of the complainant. On closing the evidence the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. The accused denied his complicity in the crime. He was examined as DW2 before the Trial Court. According to him, he had borrowed a sum of ₹ 2,500/- from the complainant and had issued a blank signed cheque in favour of the complainant. According to him, the complainant had filled up the cheque and lodged t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary to incarcerate the accused in prison for the offence under Section 138 of the Negotiable Instruments Act. Instead of sentencing the accused for a jail term, it is just and proper to sentence the accused to pay a fine of ₹ 10,000/- and in default to undergo simple imprisonment for a period of two months more. In case the fine amount is remitted the same shall be paid to the complainant as compensation. In the result the revision petition is allowed in Part. The sentence imposed by the Sessions Court in Crl.A.No.469/2003 stands modified. The accused is sentence to pay a fine of ₹ 10,000/- and in default of payment of fine, he shall undergo simple imprisonment for a period of two months. In case the fine amount is re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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