- (1.) SINCE common point is involved in all these revisions, all the revisions are being disposed of by this common order.
(2.) IN all these cases the complainants are aggrieved of the judgments of the trial Courts for letting off the accused with a meagre fine amount of Rs. 5,000/- only for the offence punishable under Section 138 of the Negotiable INstruments Act (for brevity "the Act"), particularly when the cheque amounts are in lakhs of rupees. For the sake of convenience, the parties to these proceedings would hereinafter be referred as they are arrayed in the trial Courts. In these cases cheques were issued by the accused on different dates for different amounts ranging from X 9,000/- to X 5,00,000/- towards discharge of legally enforceable debts due to the complainants and when the cheques were presented in banks, they were bounced back for want of funds or closure of accounts. As the same is an offence attracting the provisions of Section 138 of the Act, after following the procedure provided for under Sections 138 and 142 of the Act i.e., issuance of notices, waiting till the statutory period etc., the complainants filed the complaints, within the time prescribed for, before the trial Courts and the same were taken on file as C.C.Nos.684 of 1998,190 of 1999,631 of 1997, 571 of 2000, 286 of 2000, 201 of 2001, 9 of 2000, 392 of 1999, 391 of 1999 and 143 of 2001 respectively.
(3.) DURING the course of trial, in order to substantiate that there was a legally enforceable debt, cheques have been issued by the accused persons and on presentation they were bounced etc., the complainants examined themselves as Prosecution Witnesses, besides examining the bank officials and other witnesses. Similarly, documentary evidence was also produced as exhibits. On a perusal of the entire evidence, both oral and documentary, the trial Courts found all the accused in these cases guilty of the offence punishable under Section 138 of the Negotiable Instruments Act. Thereafter, after questioning the accused persons, the trial Courts convicted and sentenced them to pay a fine ranging from Rs. 5,000/- to Rs. 10,000/-. Not satisfied with the said convictions and sentences, the present revisions are filed. The main contention of the learned Counsel for the petitioners- complainants is that the trial Courts having held that the accused have committed the offence punishable under Section 138 of the N.I. Act, should have awarded maximum sentence of two years imprisonment and also awarded compensation which is at least equivalent to cheque amount and the impugned sentence of fine would not justify the policy of enactment under Section 138 of the N.I. Act.;