JUDGMENT

VIKRAMAJIT SEN, J.

1. Leave granted. The Appellant before us makes what is essentially a mercy plea – to reduce the sum of Rs.80,000/- imposed on him by way of compensation in lieu of the six months sentence of incarceration imposed by the Metropolitan Magistrate, Calcutta. The Appellant has admittedly issued a cheque in favour of the Respondent No.1- complainant for a sum of Rs.69,500/-, which cheque on presentation was dishonourned with the endorsement ‘insufficient funds’. After due compliance with the statutory provisions contained in the Negotiable Instruments Act, 1881 (for short, ‘N.I. Act’) prosecution was commenced and the aforementioned punishment under Section 138 thereof came to be passed. The payment of compensation amounting to Rs.80,000/- has admittedly been received by the complainant. The Appellant preferred an appeal to the Additional District & Sessions Judge, Calcutta who by judgment dated 5.7.2004 dismissed the appeal and ordered the Appellant to surrender within 15 days. In these circumstances, Criminal Revision Record No.2447 of 2004 was filed in the High Court of Calcutta which was pleased to substitute the six months’ sentence by an additional paymen