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2000 Supreme(SC) 1396

Supreme Court Of India
GOVARDHAN DAS PARTANI
Versus
state of andhra pradesh
Decided on : August 28, 2000

Headnote:

Negotiable Instruments Act, 1881, Section 138, Dishonour of Cheque - Payment of amount under the cheque after conviction- Upholding the conviction, held that in view of subsequent payment lenient view to be taken regarding the sentence- Therefore order of the appellate court reducing the sentence to fine of Rs. 2000/ only, restored [Para 2]

( 1 ) LEAVE granted.

( 2 ) WE are not inclined to interfere with the conviction passed by the court under Section 138 of the Negotiable Instruments Act. However, in view of the subsequent development that admittedly the appellant has paid a sum of rs 2,15,000 (Rupees two lakhs and fifteen thousand only) which is the amount covered by the cheques, we are inclined to show some leniency to the appellant in the matter of sentence. It is true that learned counsel for the complainant submitted that the principal amount is not sufficient to clear the entire liability. Nonetheless, we considered the fact that at least the principal amount has been paid. It is open to the respondent to resort to other civil remedies for realising the balance amount, if any, due to him. We, therefore, restore the sentence passed on the appellant by the Sessions Court in appeal i. e. a fine of Rs 2000 alone. In default of payment of fine within 2 months, he shall undergo imprisonment for a period of one month.

( 3 ) APPEALS are disposed of accordingly.

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