BASAVRAJ D ALLAYYANAVAR Vs. SANTOSH KAPADI

JUDGEMENT

(1.) Admit. By consent, heard forthwith.

(2.) These petitions filed under Section 482 of the Code (Code of Criminal Procedure, 1973) , can be conveniently disposed of by this common Judgment.

(3.) The petitions have been filed by the Complainant who had prosecuted the accused (Respondent herein) , under Section 138 of the Negotiable Instruments Act, 1881, for bouncing of two cheques, in two cases. In one case, the cheque involved was for Rs. 25,500/- and in the other case the cheque involved was for Rs. 30,000/ -. In both the cases, the accused came to be convicted and sentenced by Judgments dated 31. 01. 2003. In each of the cases, the accused came to be sentenced to pay a fine of Rs. 2,500/- and in default to suffer RI for two months. Out of the fine amount of Rs. 2,500/-, Rs. 2,000/- were ordered to be paid to the Complainant. The accused did not challenge the said conviction/sentence but the Complainant did by filing revision petitions before the Court of Sessions, and, the learned Additional Sessions Judge, Panaji, who disposed of the said revision petitions by Judgments dated 10. 07. 2006, referred to the case of Suganthi S. Kumar v. Jagdeeshan (AIR 2002 S. C. 681) , and noted that that was a case where the cheque amount involved was Rs. 4,50,000/-, for which the learned Magistrate had awarded imprisonment till the rising of the Court and fine of Rs. 5,000/- and that, in that background, the Hon'ble Supreme Court had found that it was a flea bite sentence. The learned Additional Sessions Judge also noted that the Magistrate in these cases, had directed that from the fine imposed, a sum of Rs. 2,000/- were to be paid to the Complainant by way of compensation and therefore the sentence/s imposed could not be termed as flea bite.