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TMI Blog2022 (9) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... ner-complainant. None represented the 2nd respondent-accused. Perused the material on record. 3. The complainant, which is a company represented by its Company Secretary, filed a complaint against A-1 and another (A-2) before the jurisdictional court alleging that the complainant had taken a building of the accused at Bommanahalli Village, Begur Hobli, Bangalore South Taluk, Bangalore on lease on 15.03.2006 for locating their development centre. For the said purpose, the complainant deposited with the accused an amount of Rs.1,62,00,000/- towards interest on security and the same has to be returned on expiry of the lease period. A-1 and his wife (A-2) entered into a lease agreement with the complainant and the lease was terminated in the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imprisonment for a period of one year and to pay a fine of Rs.20,000/-, in default to undergo simple imprisonment for six months. Not satisfied with the same, the accused the accused preferred criminal appeal. The learned Sessions Judge, on re-appraisal of the evidence on record, dismissed the appeal confirming the conviction of A-1 for the offence under Section 138 of the NI Act and sentence of rigorous imprisonment for a period of one year and fine imposed by the trial court. However, the learned Sessions Judge enhanced the fine amount from Rs.20,000/- imposed by the trial court to Rs.1,00,00,000/-. 6. Aggrieved thereby, the complainant filed Crl.R.P.No.93 of 2015 before the learned Sessions Judge for awarding compensation equival ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .No.93 of 2015 needs interference and liable to be set aside? 10. It appears from the evidence of the complainant, as P.W.1, that the company deposited an amount of Rs.1.62 crores towards interest on security and the same has to be returned on expiry of the lease period. A-1 and his wife (A-2) entered into a lease agreement with the complainant in respect of their premises at Bommanahalli Village, Begur Hobli, Bangalore and it was terminated in the month of January, 2008. After settling the mutual claims, the accused had to return the balance amount of Rs.1,00,00,000/- out of Rs.1,62,00,000/- which was deposited earlier and towards repayment of the same, the accused had issued Ex.P-1 cheque for Rs.1,00,00,000/- dated 31.10.2008. When the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defaulted in payment of rent and that he has not handed over the possession of the leased premises. In order to prove the said contention, the complainant adduced the evidence of D.Ws.1 to 3. However, a careful perusal of their evidence discloses that there is no inconsistency and it appears that the said defence was taken by the accused only to escape from the liability. The trial court as well as the appellate court had examined the evidence adduced by the parties in detail and have disbelieved the version of defence and held that the complainant has proved the ingredients of Section 138 of the NI Act and, accordingly, found the accused guilty. Further, the courts below have rightly appreciated the evidence, both oral and documentary, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion by way of restitution in regard to the loss on account of dishonour of the cheque should be practical and realistic, which would mean not only the payment of the cheque amount but interest thereon at a reasonable rate. Uniformity and consistency in deciding similar cases by different courts, not only increase the credibility of cheque as a negotiable instrument, but also the credibility of courts of justice". 14. In KALAMANI TEX's case (2 supra), the Hon'ble Apex Court held as under: "As regards the claim of compensation raised on behalf of the respondent, we are conscious of the settled principles that the object of Chapter XVII of the NIA is not only punitive but also compensatory and restitutive. The provisions of NIA envision a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dergo simple imprisonment for six months. 17. It is not in dispute that the Hon'ble Apex Court in the both the decisions cited supra has emphasized the need that the trial courts shall take into consideration the facts and circumstances of each case, keeping in view the difficulties of the complainant that by the time the criminal case is decided, the limitation for filing civil cases to compensate the complainant would have expired and in all the cases of conviction, uniformly exercise the power to levy fine up to twice the cheque amount and direct the payment of such amount as compensation, unless there are special circumstances. Uniformity and consistency in deciding similar cases by different courts not only increase the credibility of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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