Research › Browse › Judgment

Supreme Court of India · body

2002 DIGILAW 149 (SC)

P. v. ANTONY VS STATE OF KERALA

2002-01-28

K.T.THOMAS, P.VENKATARAMA REDDI

body2002
ORDER 1. Leave granted. 2. The appellant has been convicted in two cases for the offence under Section 138 of the Negotiable Instruments Act and in both cases he was sentenced to imprisonment for a period of one year each. The conviction and sentence were confirmed by the Sessions Judge and the High Court declined to interfere in revision. 3. When the special leave petitions were filed the appellant submitted before us that the entire amount covered by the two cheques has been paid by him and he produced two receipts in support of the said plea. We issued notice on that ground to the respondents. Only the 1st respondent, the State has entered appearance and the complainant who is the 2nd respondent has not entered appearance. 4. Learned counsel for the appellant submitted that the complainant has sworn to an affidavit, which is produced in this case, in which he has admitted that the amount covered by the cheques has been received by him. Two receipts produced for showing that the amount has been received by the complainant bear the signatures of the complainant, have not been disputed by the State. 5. The above fact shows that the amount covered by the cheques had been paid by the accused. In such a situation we are not disposed to send the appellant to jail. Learned counsel submits that as a matter of fact the appellant has been in jail for some time in connection with this case. We reduce the sentence of imprisonment to the period already undergone and we impose a fine sentence of Rs. 3000 each. The fine amount shall be remitted within six weeks before the trial court, in default of payment of the fine he shall undergo imprisonment for one month each. 6. These appeals are disposed of accordingly.