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2005 Supreme(SC) 1520

B.N.AGARWAL, A.K.MATHUR
JOSEPH MOOLAYIL – Appellant
Versus
V. A. CHACHKO – Respondent


ORDER

1. Heard learned counsel for the parties.

2. The appellant was tried in three cases in relation to three cheques under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") and by judgment rendered by the trial court he was acquitted of the charge. On appeal being preferred, the High Court reversed the acquittal and convicted the appellant under Section 138 of the Act and awarded sentence of imprisonment till the rising of the Court. Apart from that, in relation to the three cases, the Court awarded fine of Rs 2,75,000, 2,25,000 and 1,75,000. It has been further directed that in case the accused fails to pay any of the amounts of fine, he shall undergo simple imprisonment for a period of three months on each count. It has been also directed that the amount of fine, if deposited, shall be paid to the complainant. Hence, these appeals by special leave.

3. Learned counsel appearing on behalf of the appellant in support of the appeal first tried to persuade us that the complaint was filed after expiry of the period of limitation provided under law. Having gone through the materials placed before us, we are of the view that no delay was caused in filin


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