R. Vijayan vs Baby & Anr on 11 October, 2011
16. Point No.3: As discussed in connection with Point
Nos.1 & 2, the complainant has proved his case as to
commission of the offence punishable U/s.138 of N.I. Act by the
accused. The punishment prescribed for the said offence is
imprisonment for a period which may extend to two years or
with fine. Considering the facts and circumstances of this case,
nature, year of the transaction, nature of the instrument
involved, provisions of Sec.117 of N.I. Act, cost of litigation and
the rate of interest proposed by Hon'ble Supreme Court in 2012
(1) SCC 260 (R.Vijayan Vs Baby), etc., this court is of the
considered view that it is just and desirable to impose fine of
Rs.6,50,000/- and out of the said amount a sum of Rs.5,000/-
has to be remitted to the State and the remaining amount of
Rs.6,45,000/- is to be given to the complainant as
compensation as provided U/s.357(1) of Cr.PC and accordingly
Point No.3 is answered in Affirmative.