Subsequent payment by the accused after conviction can lead to the modification of the sentence, following established legal principles.

2. The short facts of the case relevant for the purpose of deciding this revision are as follows:

The complainant had preferred a complaint under Section 200 Cr.P.C. for an offence under Section 138 of the Negotiable Instruments Act, 1881. On 15. 2002, the accused had issued two cheques bearing Cheque No.442970 for a sum of Rs.25,000/-and another cheque bearing Cheque No.442971 for a sum of Rs.15,000/- in favour of the complainant in order to discharge the earlier existing debt. When those cheques were presented in Central Cooperative Bank, Karaneeswaranpet Branch, Mylapore, Chennai, the cheques were returned with an endorsement that there was no sufficient funds in the account of the accused. Hence the complainant had issued a notice to the accused on 16. 2002 .In spite of the said notice, the accused had neither chosen to send any reply nor paid any amount towards the debt. Hence the complaint.

3. The said complaint was taken on file by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.7034/2002 and on appearance of the accused on summons, the learned trial Judge has furnished copies under Section 207 Cr.P.C. to the accused and when the offence was explained to the accused, they pleaded not guilty.

4. Before the trial Court, on the side of the complainant, P.Ws 1 to 3 were examined and Exs P1 to P13 were marked.

4a) P.W.1 is the complainant who would depose that the accused had borrowed a sum of Rs.40,000/- in connection with his business and he had drawn two cheques on 15. 2002 for a sum of Rs.25,000/- and another cheque for a sum of Rs.15,000/-respectively but when those two cheques were presented in the bank, they were returned with an endorsement that there was no sufficient funds in the account of the accused.

4b) P.W.2 is the Manager of Central Cooperative Bank, Karaneeswaranpet Branch. According to P.W.2 both Exs P1 and P2 cheques were presented in the said bank on 6. 2002 for encahsment and on the same day, both the cheques were forwarded to Indian Overseas Bank for collection . But both the cheques were dishonoured on 6. 2002 on the ground that there was no sufficient funds in the account of the accused. Ex P4 is the debit advice.Ex P8 is the cheque returned register kept in the bank.

4c) P.W.3 is the passing officer of Indian Overseas Bank, East Mada Street, Mylapore Branch. Ex P9 is the authorisation letter given to P.W.3 for adducing evidence on behalf of the Bank. According to P.W.3 both the cheques Exs P1 and P2 were sent to Indian Overseas Bank, Mylapore Branch for collection but the same were returned with an endorsement that there was no sufficient funds in the account of the accused to honour the same. Ex P10 is the statement of account for current Account No.5754 of the accused.

5. When incriminating circumstances were put to the accused, the accused would totally deny his complicity with the crime.

6. The accused has examined two witnesses on his side but he has not marked any document on his side. The accused has examined himself as D.W.1 and one Mr. Prabhakaran was examined as D.W.2. After going through the oral and documentary evidence, the learned trial Judge has held that an offence under Section 138 of the Negotiable Instruments Act, 1881 has been made out against the accused and accordingly, he has convicted and sentenced to undergo six months rigorous imprisonment and also directed him to pay the compensation of Rs.40,000/-to the complainant under Section 357(3) of Cr.P.C. with default sentence. Aggrieved by the findings of the learned trial Judge, the accused had preferred an appeal in C.A.No.429 of 2004 before VII Additional Judge, City Civil Court, Chennai who after due deliberation to the rival submissions of the parties and after going through the oral and documentary evidence let in before the trial Court, has confirmed the judgment of the trial Court in respect of conviction but modified the sentence to that of the sentence till the rising of the Court an