( 1 ) LEAVE granted.

( 2 ) THE appellant has been held guilty of an offence punishable under S. 138 of the Negotiable Instruments Act and sentenced to suffer one years simple imprisonment with a fine of Rs. 10,212. 00 by the trial court. In appeal, the substantive sentence of imprisonment has been reduced to four months while the amount of fine has been maintained.

( 3 ) THE learned counsel for the appellant states that the amount of fine has been deposited by the appellant, out of which an amount of Rs. 9000. 00 is payable by way of compensation to the complainant as directed by the trial court. The appellant does not dispute the levy of fine and the direction for payment of Rs. 9000. 00 by way of compensation to the complainant. The learned counsel further states that the cheque was for an amount of Rs. 5106. 00 which was dishonoured and the appellant is agreeable to pay this amount of Rs. 5106. 00 also to the complainant and for that purpose he submits that the amount shall be deposited with the trial court within a period of one month from today.

( 4 ) IT is further pointed out that the appellant has already remained in jail for about 20 days. Considering all the facts and circ