B.V.VIDHYASHANKAR Vs B.MAHAVEER KUMAR
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: Crl.A. No.-000873-000873 / 2011
Diary number: 27191 / 2008
Advocates: Vs
ABHIJIT SENGUPTA
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.873 OF 2011
(Arising out of SLP(Crl.) No.8662/2008)
B.V. VIDHYASHANKAR Appellant(s)
:VERSUS:
B. MAHAVEER KUMAR Respondent(s)
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the
parties.
3. The appellant issued a cheque bearing
No.112378 dated 5.12.2002 of Citibank for
Rs.1,30,000/- in favour of the respondent, which was
dishonoured when presented to the drawee bank. The
respondent filed a complaint under Section 138 of
the Negotiable Instruments Act, 1881.
4. The Trial Court convicted the appellant for
having committed the offence punishable under
Section 138 of the Negotiable Instruments Act and
sentenced him to pay a fine of Rs.2 lakhs, out of
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which Rs.1,90,000/- to be paid to the complainant
and the remaining Rs.10,000/- to be appropriated by
the State. The order of conviction and sentence
passed by the Trial Court was affirmed by the
revisional court and the High Court.
5. The appellant has deposited Rs.1 lakh before
the Trial Court and in pursuance of the direction of
this Court, Rs.1 lakh has been deposited in the
Registry of this Court.
6. Learned counsel for the respondent-complainant
submits that the respondent has no objection in
setting aside the order of conviction of the
appellant if out of the amount of Rs.2 lakhs
deposited by the appellant Rs.1,90,000/- is given to
him.
7. In the peculiar facts and circumstances of
this case, we are of the considered view that ends
of justice would meet if the respondent-complainant
is paid Rs.1,90,000/-, with interest accrued
thereon, and the conviction of the appellant is set
aside. We order accordingly.
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8. The amount of Rs.1 lakh which has been
deposited in the Trial Court be handed over to the
respondent-complainant within four weeks from today
and out of Rs.1 lakh deposited by the appellant in
the Registry of this Court, Rs.90,000/-, with
interest accrued thereon, be paid to the respondent-
complainant and Rs.10,000/- be appropriated by the
State.
9. However, we make it clear that this case has
been decided on its own peculiar facts and shall not
be treated as a precedent.
10. The appeal is disposed of with the
aforementioned observations and directions.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; March 28, 2011.