introduction of the substantive sentence as simple imprisonment till the rising of the court should be subject to the condition that necessary justice is meted to the first respondent/complainant. The petitioner has not even bothered to take out notice to the first respondent. Exhibit P1 cheque for Rs.1,00,000/- was issued as early as on 30.5.1998. More than 19½ long years have elapsed after the issuance and dishonour of the said cheque for an amount of Rs.1,00,000/-. Therefore, this Court has the judicial obligation to ensure that justice is also meted out in a fair manner to the complainant, if the substantive sentence is reduced in favour of the accused. Therefore, it is ordered that the substantive sentence of simple imprisonment for three months will stand reduced to simple imprisonment till the rising of the court. Ordinarily in view of the long lapse of time at least twice the cheque amount should have been awarded. The Apex Court has held in the decision as in R.Vijayan v. Baby and another reported in ( 2012) 1 SCC 260 that apart from the cheque amount, the criminal courts should award interest @ 9% on the cheque amount from the date of cheque up to the date of actual payment. 9% interest on the cheque amount of Rs.1,00,000/- from 30.5.1998 up to now roughly come in the region of about Rs.1,70,000/However, to meet the ends of justice, this Court is of the view that the compensation amount of Rs.35,000/- should be enhanced to
