TMI Blog2017 (10) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the trial court minus ₹ 6 lacs as deposited before the trial court earlier, failing which this petition shall stand dismissed automatically without reference to the Court. - Criminal Revision No. 624 of 2017 - - - Dated:- 27-9-2017 - Hon'ble Shri Justice S.K. Gangele Shri Prakash Upadhyay, counsel for the applicants Shri Adarshmuni Trivevi, learned Sr. Adv. assisted by Shri Mukesh Agrawal, learned counsel for the repsondents ORDER Per S. K. Gangele 1. The petitioners have filed this revision petition against the judgment dated 7th December 2016 passed in Criminal Appeals Nos. 2700046 of 16 and 2700073 of 16. 2. The petitioner no. 1 was prosecuted for commission of offence punishable under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent no. 1 if he did not deposit the compensation amount as ordered by the trial court and first appellate court. Inspite of that amount has not been deposited. The respondents also filed an application and objection about maintainability of Cr.R. No. 624 of 2017 on the ground that the petitioners did not deposit the amount of compensation as ordered by the appellate court and trial court, hence, the revision petition is not maintainable. 7. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners raised legal points and have prima facie case so the criminal revision filed by the petitioners could be admitted for hearing. It is further submitted by learned counsel that the court cannot force the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission of offence punishable under Section 138 of the Negotiable Instruments Act. The first appellate court upheld the amount of compensation awarded by the trial court of ₹ 53,76,000/- with interest @ of 9% p.a. from the date of filing the complaint before the trial court. However, set aside the punishment awarded by the trial court of one year each on four counts and the punishment of six months in default stipulation to pay the compensation. 10. On behalf of the petitioners an application was filed before the first appellate court on 07.12.2006 that the petitioners could not arrange the amount as awarded by the trial court as compensation due to ban on old currency. They have deposited an amount of ₹ 6 lacs, hence, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . There is no case for the respondent that the said amount had been paid either during the pendency of the cases before the trial court or revision before the High Court or this Court. If the amounts had been paid to the complainant there perhaps would have been justification for imposing a flee-bite sentence as had been chosen by the trial court. But in a case where the amount covered by the cheque remained unpaid it should be the look out of the trial Magistrates that the sentence for the offence under Section 138 should be of such a nature as to give proper effect to the object of the legislation. No drawer of the cheque can be allowed to take dishonour of the cheque issued by him light heartedly. The very object of enactment of provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 357 (3) must have potentiality to secure its observance. Deterrence can only be infused into the order by providing for a default sentence. If Section 421 of the Code puts compensation ordered to be paid by the court on par with fine so far as mode of recovery is concerned, then there is no reason why the court cannot impose a sentence in default of payment of compensation as it can be done in case of default in payment of fine under Section 64 of the IPC. It is obvious that in view of this, in Vijayan, this court stated that the above mentioned provisions enabled the court to impose a sentence in default of payment of compensation and rejected the submission that the recourse can only be had to Section 421 of the Code for enforcing t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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