Dishonour of cheque - Default in payment of fine - sentence of imprisonment not permissible - Act does not provide for sentence of imprisonment in default of payment of fine.
Criminal Appeal No. 494 of 2006 Arising out of SLP (Crl.) No. 380 of 2006, decided on 24-4- 2006.
1. Leave granted.
2. We have heard counsel for the parties.
3. The appellant has since deposited the sum of Rs 50,000 (Rupees fifty thousand only) which is payable to the respondent. It is submitted on behalf of the appellant that a sentence of imprisonment in default of payment of fine could not have been imposed in the instant case since the conviction is under Section 138 of the Negotiable Instruments Act which does not provide for sentence of imprisonment in default of payment of fine. Counsel for the respondents does not dispute the said legal proposition.
4. Accordingly, this appeal is allowed and the sentence in default imposed on the appellant is set aside. Since the amount of Rs 50,000 (Rupees fifty thousand only) has been deposited in the trial court, the respondents are at liberty to withdraw the said amount on a proper application being made before it.
5. This appeal is allowed to the extent indicated above.