K. SREEDHAR RAO, J.

( 1 ) THIS petition is filed under Section 397, Cr. P. C. against the order of XVI Addl. C. M. M. , Bangalore in C. C. No. 6717/97. The petitioner is the complainant. She prosecuted a private complaint under Section 200, Cr. P. C. against the respondent alleging commission of offence under Section 138 of Negotiable Instruments Act.

( 2 ) THE trial Court after holding valid trial, passed the judgment of conviction and imposed sentence of fine of Rs. 15,000/-, in default to undergo simple imprisonment for a period of three months. Out of the fine amount, Rupees 12,000/- is directed to be payable as compensation to the complainant. In this regard, the complainant revision-petitioner contends that sentence of fine imposed is grossly inadequate and does not commensurate with the nature of crime and the value thereof.

( 3 ) THE complainant's case is that a cheque for R. 1,50,000/- was issued which came to be dishonoured and thus it was contended that Section 138 of N. I. Act attracts and as such the respondent is liable for conviction and penalty as per law.

( 4 ) THE trial Court has upheld the contention of the complainant and found the accused-respondent guilty. Sect

Click Here to Read the rest of this document