Kerala high court says that Cheque Bounce Case Can Be Closed If Convict Pays Fine Directly To Complainant regarding Section 138 NI Act

In this case of Rajeswary vs the State of Kerala, while disposing of the Criminal Revision Petition filed by the accused, the High Court had affirmed the conviction but modified the sentence of simple imprisonment as a sentence to pay a fine of Rs.7,17,000/-. The accused was granted a period of six months to remit the amount of the fine in the trial court

After that, the accused delivered the entire amount of compensation/fine directly to the complainant, and a receipt was also issued by the complainant acknowledging the payment. The mentioned receipt was produced before the trial court and the accused requested the trial court to close the case and to recall the non-bailable warrant pending against him. But, the said petition was dismissed by the trial court holding that since the direction was to remit the amount of fine in the trial court and since she has directly paid the amount to the complainant, the court is not in a position to accept the receipt of acknowledgement of money issued by the complainant.

Appealing to the above judgement , the accused approached the High Court. The complainant also filed an affidavit stating that she has received the entire amount of compensation and a receipt has been issued by her

The Court in appeal clearly mentioned that there is "substantial compliance" with the order to pay a fine. The complainant has admitted the receipt of the entire fine amount. So the court ordered to make necessary entry in the fine register recording the factum of settlement between the parties as if fine is realised and paid to the complainant

Finally, The Kerala High Court clearly noticed that a convict in a cheque bounce case can pay the fine amount directly to the complainant. It is not necessary to deposit the fine amount in court.