JUDGMENT

ALTAMAS KABIR, J.-

Leave granted. On a complaint filed by the appellant herein, Smt Kaushalya Devi Massand, the respondent herein. Roopkishore, was convicted by the Judicial Magistrate First Class, Indore (M.P.) under Section 138 of the Negotiable Instruments Act, 1881, in Criminal Case No. 445 of 2000.

2. Having regard to the fact that the respondent had deposited a sum of 3,50,000, as against the cheque amounting to 2 lakhs, the learned Magistrate was of the view that sentence of fine only would suffice without awarding any jail sentence. The learned Magistrate, accordingly, sentenced the respondent to pay a fine of 4 lakhs which was to be paid to the appellant herein as compensation. However, the learned Magistrate also indicated that a sum of 3,50,000 had already been deposited and that the balance amounting to 50,000 was to be deposited by the respondent and' if deposited, the same was to be paid to the appellant. On failure to deposit the said amount of 50,000, the respondent would have to undergo two months' rigorous imprisonment.

3. The order of the learned Magistrate was challenged by the respondent before the learned Third Upper Sessions Judge, Indore (M.P.), by wa