T.R.Sachdeva Vs. M/S
Gujral Tools & Forgings [2009] INSC 598 (23 March 2009)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.520 OF 2009 (Arising out of S.L.P. (Crl.)
No.4246 of 2007) T.R. Sachdeva ...Appellant(s) Versus M/s. Gujral Tools &
Forgings ...Respondent(s) O R D E R Leave granted.
The appellant was
tried under Section 138 of the Negotiable Instruments Act [hereinafter referred
to as "the Act"]. The trial court acquitted him of the charge.
However, on a petition for leave to appeal filed by the complainant, the High
Court reversed the order of acquittal, convicted the appellant under Section
138 of the Act and sentenced him to undergo rigorous imprisonment for a period
of six months and to pay compensation of rupees four lakhs; in default, to
undergo further imprisonment for a period of six months. Hence, this appeal by
special leave.
When the special
leave petition was taken up for admission, learned counsel appearing on behalf
of the appellant made a statement that his client shall deposit a sum of rupees
four lakhs within six weeks. In view of his statement, the Court directed the
appellant to deposit the amount, issued notice and stayed the order of the High
Court.
Learned counsel for
the appellant states that in terms of order dated 17.7.2007, his client has
deposited rupees four lakhs in the Registry of this Court.
This has not been
contested by the learned counsel for the respondent.
Having heard learned
counsel for the parties and keeping in view the facts and circumstances of the
case including the deposit of rupees four lakhs by the appellant, we are of the
view that ends of justice would be met in case the sentence of imprisonment
imposed on the appellant is set aside and the order awarding compensation is maintained.
Accordingly, the
appeal is allowed in part, sentence and imprisonment imposed on the appellant
is set aside, but the order awarding compensation is maintained. The respondent
shall be entitled to withdraw rupees four lakhs deposited in the Registry of
this Court, together with interest accrued thereon, if any, unconditionally.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
March
23, 2009.
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