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2006 Supreme(SC) 1446
SUPREME COURT OF INDIA
B.P. SINGH, ALTAMAS KABIR, JJ.
P.T. Ratnakaran - Appellant
Versus
V.K. Prabhakaran and another - Respondents
Criminal Appeal No. 494 of 2006, Arising out of SLP (Cri.) No. 380 of 2006.
Decided on : 24-04-2006
Section 138 of the Negotiable Instruments Act does not provide for imprisonment in default of payment of fine.
Headnote:
Imprisonment in Default - Negotiable Instruments Act - The court set aside the sentence of imprisonment in default imposed on the appellant, as Section 138 of the Negotiable Instruments Act does not provide for such a sentence.
Fact of the Case:
The appellant deposited the sum of Rs. 50,000 payable to the respondent. The appellant argued that imprisonment in default of payment of fine could not have been imposed under Section 138 of the Negotiable Instruments Act.
Finding of the Court:
The court allowed the appeal, setting aside the sentence in default imposed on the appellant, and allowed the respondents to withdraw the deposited amount.
Issues: Imposition of imprisonment in default under Section 138 of the Negotiable Instruments Act.
Ratio Decidendi: Section 138 of the Negotiable Instruments Act does not provide for imprisonment in default of payment of fine.
Final Decision: The appeal is allowed, and the sentence in default imposed on the appellant is set aside. The respondents are permitted to withdraw the deposited amount.
ORDER :
B.P. Singh, J.
Leave granted.
2. We have heard counsel for the parties.
3. The appellant has since deposited the sum of Rs. 50,000 (Rupees fifty thousand only) which is payable to the respondent. It is submitted on behalf of the appellant that a sentence of imprisonment in default of payment of fine could not have been imposed in the instant case since the conviction is under Section 138 of the Negotiable Instruments Act which does not provide for sentence of imprisonment in default of payment of fine. Counsel for the respondents does not dispute the said legal proposition.
4. Accordingly, this appeal is allowed and the sentence in default imposed on the appellant is set aside. Since the amount of Rs 50,000 (Rupees fifty thousand only) has been deposited in the trial court, the respondents are at liberty to withdraw the said amount on a proper application being made before it.
5. This appeal is allowed to the extent indicated above.
