IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.520 OF 2009 (Arising out of S.L.P. (Crl.) No.4246 of 2007)

T.R. Sachdeva        ...Appellant(s)

Versus

M/s. Gujral Tools & Forgings       ...Respondent(s)

O  R  D  E  R

Leave granted.

The appellant was tried under Section 138 of the Negotiable Instruments

Act  [hereinafter  referred  to  as  “the  Act”].   The  trial  court  acquitted  him of  the

charge.  However, on a petition for leave to appeal filed by the complainant, the High

Court reversed the order of acquittal, convicted the appellant under Section 138 of

the Act and sentenced him to undergo rigorous imprisonment for a period of  six

months and to pay compensation of rupees four lakhs; in default, to undergo further

imprisonment for a period of six months.  Hence, this appeal by special leave.

When  the  special  leave  petition  was  taken  up  for  admission,  learned

counsel appearing on behalf of the appellant made a statement that his client shall

deposit a sum of rupees four lakhs within six weeks.  In view of his statement, the

Court directed the appellant to deposit the amount, issued notice and stayed the order

of the High Court.

...2/-

- 2 -  

Learned  counsel  for  the  appellant  states  that  in  terms  of  order  dated

17.7.2007, his client has deposited rupees four lakhs in the Registry of this Court.

This has not been contested by the learned counsel for the respondent.

Having heard learned counsel for the parties and keeping in view the facts

and  circumstances  of  the  case  including  the  deposit  of  rupees  four  lakhs  by the

appellant, we are of the view that ends of justice would be met in case the sentence of

imprisonment  imposed  on  the  appellant  is  set  aside  and  the  order  awarding

compensation is maintained.

Accordingly,  the  appeal  is  allowed  in  part,  sentence  and  imprisonment

imposed  on  the  appellant  is  set  aside,  but  the  order  awarding  compensation  is

maintained.   The  respondent  shall  be  entitled  to  withdraw  rupees  four  lakhs

deposited in the Registry of this Court, together with interest accrued thereon, if any,

unconditionally.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 23, 2009.