TMI Blog2019 (2) TMI 1845X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Section 357 of the Code of Criminal Procedure. As per Section 357, the Court has to award compensation in a suitable case. Once it is proved by the side of complainant that cheque was dishonoured, then it was for the trial Court to award compensation to the complainant. Learned trial Court as well as first appellate Court not taken into consideration the provisions of Section 357 of the Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants/complainants were to receive ₹ 80,000/- from the accused and, therefore, accused issued cheque of ₹ 80,000/-. Learned Judicial Magistrate First Class, Nagpur convicted the accused and sentenced to suffer simple imprisonment for three months and to pay fine of ₹ 2,000/- in default to suffer simple imprisonment for 15 days. The intention of the Act is to be seen though there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two year], or with fine which may extend to twice the amount of the cheque, or with both : Provided that nothing contained in this section shall apply unless - (a) the cheque has been presented to the bank within a period of six months* from the date on which it is drawn or within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amchandra s/o Raju Gaud v. Vishal s/o Ambadas Deshmukh reported in 2007 ALL MR (Cri) 773. It is held by this Court as under:- Negotiable Instruments Act S. 138 - Dishonour of cheque. Compensation. Mere sentence of conviction or putting particular accused in jail will not serve the purpose and object of the N.I. Act. The money paid must be received back by the person within the stipulated time a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code of Criminal Procedure. Hence, following order. ORDER (i) Revision is partly allowed. (ii) Judgment is maintained as it is. Only operative part of the order is modified as under :- Accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. He shall pay compensation of ₹ 80,000/- to the complainants/applicants within a period of 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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