Aftab Alam, J. - (1.) Leave granted.
(2.) The Appellant stands convicted under Section 138 of the Negotiable Instruments Act (hereinafter, the Act). He is sentenced to imprisonment for six months and payment of compensation of Rs. 4,00,000/- with the direction Nature of imprisonment not specified by any of the courts.that in default of payment he would undergo imprisonment for a further period of one month.
(3.) The Appellant gave a cheque dated November 5, 2003 for Rs. 4,00,000/- to the complainant-Respondent in repayment of a loan of the same amount earlier taken by him. The cheque on presentation before the bank was returned with the endorsement, "account closed." The Respondent gave a notice to the Appellant asking for payment of the cheque amount but the Appellant did not make the payment. Hence, the Respondent filed a complaint against the Appellant under Section 138 of the Act, giving rise to case bearing CC No. 245/SS/2004. In the complaint case, the Special Metropolitan Magistrate and Judge of the Small Causes Court found and held that the complainant was able to establish the Appellants guilt and by judgment and order dated October 6, 2005, convicted him under Section 138 of the Act and sentenced him to undergo imprisonment for six months. The court also directed the Appellant to pay compensation of Rs. 8,00,000/- under Section 357(3) of the Code of Criminal Procedure and in default of payment of compensation, to undergo imprisonment for a period of one month. The court further directed that on realization of the amount of compensation, Rs. 4,00,000/- would be paid to the complainant and the remaining amount would be credited to the State for the "loss and expenses incurred by both the parties".;