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2005 DIGILAW 1868 (SC)

JOSEPH MOOLAYIL v. V. A. CHACHKO

2005-11-23

A.K.MATHUR, B.N.AGARWAL

body2005
ORDER 1. Heard learned counsel for the parties. 2. The appellant was tried in three cases in relation to three cheques under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") and by judgment rendered by the trial court he was acquitted of the charge. On appeal being preferred, the High Court reversed the acquittal and convicted the appellant under Section 138 of the Act and awarded sentence of imprisonment till the rising of the Court. Apart from that, in relation to the three cases, the Court awarded fine of Rs 2,75,000, 2,25,000 and 1,75,000. It has been further directed that in case the accused fails to pay any of the amounts of fine, he shall undergo simple imprisonment for a period of three months on each count. It has been also directed that the amount of fine, if deposited, shall be paid to the complainant. Hence, these appeals by special leave. 3. Learned counsel appearing on behalf of the appellant in support of the appeal first tried to persuade us that the complaint was filed after expiry of the period of limitation provided under law. Having gone through the materials placed before us, we are of the view that no delay was caused in filing any of the three complaints. 4. Learned counsel next submitted that in the event of non-payment of fine, the High Court was not justified in directing that the accused shall undergo simple imprisonment for a period of three months on each count as the remedy of the complainant was to file a civil suit for realisation of the aforesaid amount. We do not find any substance in the submission. There is nothing to show why a distinction should be made in case a fine is not paid in relation to offences under the Penal Code vis-a-vis offence under Section 138 of the Act. This being the position, we do not find any merit in these appeals. 5. The appeals, accordingly, fail and the same are dismissed.