TMI Blog2006 (6) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... he orders impugned are similar. In the first two writ petitions, the learned Addl. Sessions Judge has directed the petitioner-accused to pay five lacs rupees within four weeks as a condition precedent for suspending the substantive sentence of SI for one month and compensation quantified as Rs. fifteen lacs under section 357(3) of the Criminal procedure Code (for short, the Code ). In the third petition an amount of Rs.three lacs has been directed to be paid for suspending the sentence of imprisonment and payment of compensation awarded by the learned Magistrate. In the appeals filed by the petitioner in the first two writ petitions, besides the other prayers, he had prayed for modification of the order of deposit of the compensation imposed by the trial Court to enable the petitioner to pay the said amount and for reduction of the amount of compensation. In the third petition since only the impugned order dated 18.4.2006 is annexed, it is not clear as to what was the prayer in the memo of appeal insofar as the amount of compensation is concerned. 4. By the orders dated 23.2.2006, impugned in the appeal before the Sessions Court, in the first two peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an that filing of the appeal and its admission, operates as stay to the order of compensation as contemplated under sub-section (2) of section 357. In other words, the object of granting compensation is one and the same under these provisions. When the order of compensation granted under sub-section (1) gets automatically stayed in the event of filing of an appeal there is no reason as to why the stay shall not operate in respect of the compensation granted under sub-section (3) of section 357 of the Code. In other words, he submitted that merely because sub-section (2) is coming under sub-section (1) and speaks of fine imposed by the court in an appeal, benefit of the stay engrafted under the section cannot be restricted to sub-section (1) alone and the benefit should be given even in case of compensation directed to be paid under sub-section (3). He placed heavy reliance upon the judgment of the High Court of A.P. in V. Prasad Rao Vs. State of AP, 2002 Cr.L.J.395. Mr.Padam, learned counsel for the petitioners in the third petition, in addition to the submissions made by Mr Jha, submitted that the provisions contained under section 374 or 389 do not provide for impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bonafide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) when a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on accused under sub-section (1) in the event of presentation of appeal would, therefore, not operate insofar as the amount of compensation awarded under sub-section (3) of Section 357 of the Code. In other words, in the proceedings under section 138 of the Act, the appeal Court will have power to direct payment of compensation, in whole or any part thereof, as a condition for suspending the substantive sentence of S.I. and compensation. While so directing, the Court will have to bear in mind that the amount of compensation directed to be paid pending appeal is reasonable and ability of the accused to pay. The proposition of law laid down in the judgment of the A.P.High Court in V.Prasad Rao case (supra) would not apply to the facts of the present case. The facts of that case are not clear. Even the offence is not clear for which the accused was convicted and sentenced to pay compensation. 9. Insofar as sub-section (3) of Section 357 of the Code is concerned, it empowers the Court to award compensation to victims while passing the judgment of conviction and for awarding such compensation there are no restrictions on the quantum thereof as we find on fine, provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e superior court for suspension of the sentence. The High Court while entertaining his revision granted suspension of the sentence by imposing a condition that part of the fine shall be remitted in court within a specified time. It is against the said direction that this petition has been filed. In our view the High Court has done it correctly and in the interest of justice. We feel that while suspending the sentence for the offence under section 138 of the Negotiable Instruments Act it is advisable that the court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy, the court can direct atleast a portion thereof to be remitted as the convicted person wants the sentence to be suspended during the pendency of the appeal. In this case the grievance of the appellant is that he is required by the High Court to remit a huge amount of rupees four lakhs as a condition to suspend the sentence. When considering the total amount of fine imposed by the trial Court (twenty lakhs of rupees) there is nothing unjust or unconscionable in imposing such a condition. As such no notice need be issued to the respondent. Appeal is accordingly dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
