A bench of Justice Sinha and Justice Murari in the case titled JUBILEE DAVIDSON vs T. D. ERNEST on 08.11.2019 has granted bail to an accused when he proposed to pay the compensation amount.
Complainant preferred a complaint informing that petitioner borrowed a sum of Rs.7,50,000/- from him towards his business needs and issued a cheque bearing No.618736 dated 15.04.2008 drawn on Bharat Overseas Bank Ltd., Tambaram, in a sum of Rs.7,00,000/- and another cheque for Rs.50,000/- towards repayment thereof. On presentation, the cheque dated 15.04.2008 was returned unpaid for the reason ‘insufficient funds’. Respondent/complainant followed the procedure envisaged u/s.138 of the Negotiable Instruments Act and preferred p a complaint. On appreciation of materials before it, trial Court, under judgment dated 08.10.2010, convicted petitioner/accused and sentenced him to 12 months S.I. and fine of Rs.3,000/- i/d 3 weeks S.I. and to pay compensation in a sum of Rs.7,00,000/- within two months. There against, petitioner/accused preferred an appeal in C.A.No.2 of 2012 on the file of learned Additional District and Sessions Judge, Chengalpattu, which came to be dismissed under judgment dated 07.10.2015. High Court dismissed the revision petition, then the accused approached the Supreme Court.
On the issue of bail, Supreme Court observed and held as under:
"There is no appearance on behalf of the respondent despite valid service. The petitioner is in custody for the last six months under section 138 of the Negotiable Instrument Act under a sentence for one year.
Submission had been made that the petitioner is willing to pay the compensation and also the fine amount as awarded. The stand is reiterated today.
It is however submitted that if the petitioner is released on provisional bail for a period of three weeks, he will arrange the necessary amount for payment.
Hence, the petitioner is released on provisional bail for a period of three weeks on conditions to the satisfaction of the learned Magistrate concerned".
Read the Order here:
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