2022 (11) TMI 1084 - HC - Indian Laws
Dishonor of Cheque - harasement by non-payment of rent - Grant of benefit of probation - section 138 of Negotiable Instruments, Act, 1881 - HELD THAT:- It emerges that the petitioner who is the original complainant under Section 138 of NI Act, 1888 is only aggrieved by the fact that instead of upholding the order on sentence, also while upholding the order on conviction, the Appellate Court had shown undue leniency in the present case and the benefit of probation could not have been extended to respondent no 2 as he had harassed him by non-payment of rent.
Release of respondent no. 2 on probation - HELD THAT:- There is no bar in extending the said benefit in a case under section 138 of Negotiable Instruments, Act, 1881. There is no reason in the present case to deny the benefit of Section 4 of the Probation of Offenders Act, 1958 or Section 360 Cr.P.C. to the respondent no. 2. The learned Appellate Court did not commit error in holding that respondent no. 2 had no criminal antecedents.
The conduct of the respondent no. 2 in the present case was duly taken into consideration by the learned Appellate Court and accordingly conditions were imposed for availing the benefit of probation. As per the impugned order, respondent no. 2 was directed to pay compensation to the petitioner to a sum of Rs. 80,000/-. which has been duly paid. The period of probation as per impugned judgment dated 14.03.2018 has already been undergone by respondent no. 2 and during the said period, no report had been submitted by Probation Officer to show that there was any violation of the conditions which were imposed upon respondent no. 2 by the Appellate Court - there is no infirmity or perversity in the findings of the learned Appellate Court while extending the benefit of probation to respondent no. 2, and thus, need no interference.