-HITLIST-P.V. Antony v. State of Kerala (SC) -RECORD-BS227046 -CITATION-2009(16) S.C.C. 265(St.Ishwinder) (HN Shailly/Ratan) zzzz6 -COURT-<ß>SUPREME COURT OF INDIA<þ> -JUDGE-Before:- K.T. Thomas and P. Venkatarama Reddi, JJ.<þ> -NO- Criminal Appeals Nos. 136-37 of 2002. D/d. -DECISIONDATE-28.01.2002.<þ> -EXTRATEXT- -PETITIONER- P.V. Antony - Appellant<þ> Versus<þ> -RESPONDENT- State of Kerala and Anr. - Respondents<þ> -ADVOCATE- For the Appellant :- C.N. Sree Kumar, Advocate.<þ> For the Respondent :- Ramesh Babu M.R., Advocate.<þ> -HEADNOTE-<ß>Negotiable Instruments Act, 1881, Section BTZKACA056ETZK138 - Dishonour of Cheque - Conviction of accused under Section BTZKACA056ETZK138 in two cases - Accused in both cases sentenced to imprisonment for a period of one year each - Amount covered by cheques had been paid by accused subsequently - Sentence reduced to period already undergone.<þ> [Para 5]<þ> -ORDER- ORDER<þ> 1. Leave granted.<þ> 2. The appellant has been convicted in two cases for the offence under Section BTZKACA056ETZK138 of the Negotiable Instruments Act and in both cases he was sentenced to imprisonment for a period of one year each. The conviction and sentence were confirmed by the Sessions Judge and the High Court declined to interfere in revision.<þ> 3. When the Special Leave Petitions were filed appellant submitted before us that the entire amount covered by the two cheques have been paid by him and he produced two receipts in support of the said plea. We issued notice on that ground to the respondents. Only 1st respondent - State has entered appearance and the complainant who is 2nd respondent has not entered appearance.<þ> 4. Learned counsel for the appellant submitted that the complainant has sworn to an affidavit, which is produced in this case, in which he has admitted that the amount covered by the cheques have been received by him. Two receipts produced for showing that the amount has been received by the complainant bear the signatures of the complainant, have not been disputed by the State.<þ> 5. The above fact shows that the amount covered by the cheques had been paid by the accused. In such a situation we are not disposed to send the appellant to jail. Learned counsel submits that as a matter of fact the appellant has been in jail for some time in connection with this case. We reduce the sentence of imprisonment to the period already undergone and we impose a fine sentence of Rs. 3,000/- each. The fine amount shall be remitted within six weeks before the trial court, in default of payment of the fine he shall undergo imprisonment for one month each.<þ> 6. These appeals are disposed of accordingly.<þ> -RESULT- .<þ>

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