- (1.) I have heard counsel for the the accused and complainant on quantum of sentence.
(2.) COUNSEL for the accused would contend that Anita Goyal, proprietor of M/s Maa Sheetla Industries accused No. 1 has faced the criminal proceedings for a period of more than ten years. She had to engage counsel for four times as the matter was carried in appeal twice before this Court and remained pending before the trial Court on two occasions. She is a household lady having a family consisting of her husband and two children. It is prayed that the accused is ready to compensate the complainant and lenient view may be taken.
(3.) I have given my thoughtful consideration to the submissions made by Counsel for the parties. Section 138 of the Negotiable Instruments Act, 1881 Act prescribes maximum punishment for a term which may extend to two years, or with fine, which may extend to twice the amount of the cheque or with both. In the light of submissions made by Counsel for the parties, the accused are sentenced to fine of Rs.1,50,000/ - i.e. twice the amount of the cheque in question. The accused shall also be liable to pay another amount of Rs.50,000/ - towards compensation to the complainant. The amount of fine, if realized, shall be payable to the complainant towards compensation. If the accused fail to pay fine, Anita Goyal shall be liable to simple imprisonment for a period of one year.;