TMI Blog2005 (10) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay compensation of ₹ 13 lakhs to the Complainant and in default thereof to suffer simple imprisonment for 10 days. 3. An Appeal was preferred by the Applicant before the Sessions Court. The Appeal was admitted by the learned Ad hoc Addl. Sessions Judge, Pune. By order dated 22nd August, 2005, the learned Judge directed that the substantive sentence passed by the trial Court is suspended till decision of the Appeal and till then the Applicant shall be released on P.R. Bond of ₹ 25,0007- with one or two solvent sureties in the like amount. The learned Judge directed that the conviction and sentence stands suspended on the Appellant depositing half of the cheque amount i.e. ₹ 6,25,000/- within 15 days. The challenge in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (3) thereof. The Apex Court in paragraphs 10 and 11 held thus : 10. Sub-section (1) of Section 357 provides power to award compensation to victims of the offence out of the sentence of fine imposed on accused. In this case, we are not concerned with Sub-section (1). We are concerned only with Sub-section (3). It is an important provision but courts have seldom invoked it. Perhaps due to ignorance of the object of it, it empowers the court to award compensation to victims while passing judgment of conviction. In addition to conviction, the court may order the accused to pay some amount by way of compensation to victim who has suffered by the action of accused. It may be noted that this power of courts to award compensation is not ancill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court held that the object of the said provision is of making a special provision by incorporating a strict liability so far as a cheque is concerned. The Apex Court further held that efforts to defeat the objectives of law by resorting to innovative measures and methods are to be discouraged. 7. It will be necessary to refer to the decision of the Apex Court in the case , Suganthi Suresh Kumar v. Jagdeeshan. The Apex Court was dealing with the submission that the Court has no power to direct punishment in default of payment of compensation. While dealing with the said submission, the Apex Court held : 9. It is impermissible for the High Court to overrule the decision of the Apex Court on the ground that the Supreme Court laid d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opriety by expressing that the said legal direction of this Court should not be followed by the subordinate courts in Kerala. We express our disapproval of the course adopted by the said learned Judge in Rajendran v. Jose. It is unfortunate that when the Sessions Judge has correctly done a course in accordance with the discipline the Single Judge of the High Court has incorrectly reversed it. (Emphasis supplied) Therefore, the first submission of Shri Mohite has no merit. 8. A reference will have to be also made to the decision of the Apex Court reported in 2001(2) SCC page 416, Stanny Felix Pinto v. Jangid Builders Pvt. Ltd. and Anr.. In the said judgment the Apex Court held thus : 2. When a person was convicted under Section 138 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able that the Court imposes a condition that the fine amount is remitted in Court within certain period. The Apex Court observed that if the fine amount is heavy, the court can direct at least a portion thereof to be remitted, as the convicted person wants the sentence to be suspended during the pendency of the appeal. The Apex Court was dealing with a case of an offence under Section 138 of the said Act of 1881. The law laid down by the Apex Court will naturally apply also to a case where compensation has been ordered to be paid. Thus when there is a conviction under Section 138 of the said Act of 1881, while suspending substantive sentence, it is advisable that the Appellate Court imposes a condition of deposit of the compensation amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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