Supreme Court has let an accused only with imposition of fine when it found that he is of old age and case was also old.
A bench of Justice Gupta and Justice Kant has passed the order in the case titled as MANOHARAN vs PANDISELVI on 04.10.2019.
The appellant had issued a cheque for Rs.1,10,000/- in the name of Subramanian, who is the father of the present respondent. This cheque bounced in the year 2000.
Thereafter, proceedings were initiated under Section 138 of the Negotiable Instruments Act and those proceedings finally culminated in the appellant being convicted and the Trial Court directed him to pay fine of Rs.1,10,000/- and to undergo imprisonment for one year.
The Appellate Court confirmed this order but the High Court increased the fine from Rs.1,10,000/- to Rs.2,20,000/- but reduced the punishment to seven days rigorous imprisonment.
When the petition was entertained by Supreme Court on 15.05.2015, the appellant was directed to deposit a sum of Rs.2,50,000/-. Attempt was made to settle the matter but the respondent was not willing to settle the matter.
Supreme Court then observed and held "We have, therefore, heard the learned counsel for the parties. It may true, as urged by the respondent that her father has suffered a lot due to the harassment meted out but in this case we feel, keeping in view the age of the appellant and also the fact that the cheque was issued in the year 2000, the ends of justice will be met, if the sum of Rs.2,50,000/-, which is treated to be the fine, is paid to the respondent. We order accordingly".
Read the Order here:
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