Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (6) TMI 679 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or liability - Section 138 of the Negotiable Instruments Act - HELD THAT:- It appears that the learned Additional Sessions Judge, while making observations in respect of enhancement of the compensation, forgot to see that there was no order of compensation at all by the learned Magistrate which could be enhanced. The enhancement presupposes awarding of some amount as compensation. In fact, there ought to have been, in such circumstance, a discussion as to whether awarding of compensation is necessary or not, as compensation can be awarded under Section 357(1) or 357(3) of Cr.P.C. If the compensation is to be should be from the fine amount and if it is to be in view of Section 357(3) of Cr.P.C., then fine should not be part of sentence. Further, the entire provision of Section 357 of Cr.P.C. is discretionary and, therefore, there ought to have been an endeavour in the judgment to state as to why the sentence is inadequate. The scope of the revision petition has been then restricted by the learned Additional Sessions Judge for enhancement of compensation only as it appears. Therefore, it will have to be stated that there was no proper application of mind by the learned Additional Sessions Judge and all the requisite factors, which are required to be considered to see whether the sentence that has been awarded is adequate or not, have not been considered at all. Petition and revision partly allowed.
|