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2014 (8) TMI 1245 - SC - Indian LawsDishonour of Cheque - conviction of accused - adequate sentence imposed or not - HELD THAT:- In Suganthi Suresh Kumar v. Jagdeeshan, [2002 (1) TMI 1284 - SUPREME COURT], this Court was considering the propriety of inadequate sentence imposed by courts on the accused charged under Section 138 of the NI Act. This Court expressed displeasure about courts imposing a flea-bite sentence on the accused. Again, in R. Vijayan v. Baby and Anr. [2012 (6) TMI 519 - SUPREME COURT] this Court considered the same question. This Court also examined the need to award compensation to the complainant. This Court was of the opinion that the traditional view that the criminal proceedings are for imposing punishment on the accused, either punishment or fine or both, and there is no need to compensate the complainant, particularly if the complainant is not a victim in the real sense, but is a well-to-do financier or financing institution, gives rise to difficulties and complications. This Court further observed that in those cases where the discretion to direct payment of compensation is not exercised, it causes considerable difficulty to the complainant, as invariably, by the time the criminal case is decided, the limitation for filing civil cases would have expired - This Court further observed that the direction to pay compensation by way of restitution in regard to the loss on account of dishonour of the cheque should be practical and realistic which would mean not only the payment of the cheque amount but interest thereon at a reasonable rate. The impugned order needs to be modified - the Respondent-accused sentenced to undergo simple imprisonment for a period of six months for offence under Section 138 of the NI Act - Considering the fact that the cheque amount is Rs. 6,19,488/-, the Respondent-accused is directed to pay compensation of Rs. 10,00,000/- to the Appellant. In default of payment of compensation, the Respondent-accused will have to undergo simple imprisonment for a period of six months. Appeal disposed off.
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