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TMI Blog2022 (11) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... ent that respondent no. 2 has been granted benefit of probation, and praying to uphold the order on sentence dated 19.12.2017 passed by the learned Trial Court. 2. The brief facts of the present case are that petitioner had filed a complaint under Section 138 Negotiable Instruments Act, 1881 ("NI Act") against the accused/respondent no. 2 and after completion of trial, learned Trial Court vide order dated 16.11.2017 convicted respondent no. 2, and vide order dated 19.12.2017 sentenced him to undergo simple imprisonment for a period of two months and to pay a compensation of Rs. 80,000/- to the complainant under Section 357(3) Cr.P.C within 30 days from the date of order and in default of payment of compensation to the complainant, responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Probation Officer once in every month and shall not commit similar offence during this period of three months and if any such offence is brought to the notice of Ld.trial court this court during this period of three months, then Ld.trial court will be at liberty to impose appropriate sentence upon appellant under Section 138 of the NI Act. 47. Appellant is further directed to pay the amount of compensation of Rs.80,000/- as awarded by the Ld. trial court within 07 days from today failing which he shall undergo simple imprisonment of six months as awarded by the Ld.trial court...." (emphasis supplied) 4. The petitioner being aggrieved by aforesaid portion of the impugned order, to the extent of grant of probation to respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther hand, learned counsel for respondent no. 2 stated that since the entire compensation amount has already been paid to petitioner under Section 357(3) Cr.P.C., learned Appellate Court had rightly set aside the sentence as respondent no. 2 has clean antecedents. It is also stated that respondent no. 2 had been directed to compensate the petitioner by payment of Rs. 80,000/- which has already been paid and accepted by the present petitioner. It is stated that present petition has been filed with mala fide intention and, therefore, it has been prayed that petition be dismissed with cost. 8. The arguments and contentions raised on behalf of both the parties have been heard. 9. In the given set of facts, it will be useful to first refer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub- section (2)..." Section 4 of the P.O. Act, 1958 reads as under: "4. Power of court to release certain offenders on probation of good conduct.-(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit is to be given or not. 11. A Co-ordinate bench of this Court in Dilshad Ahmad v. State (NCT of Delhi), 2018 SCC OnLine Del 13081, after considering the nature of the offence, the character of the offender and report of the probation officer, held that it was a fit case to extend the benefit of Section 4 of P.O. Act, 1958 to the appellant. 12. While noting the philosophy behind the P.O. Act, 1958 the Hon'ble Supreme Court in Rattan Lal v. State of Punjab, AIR 1965 SC 444 observed: "4. The Act is a milestone in the progress of the modern liberal trend of reform in the field of penology. It is the result of the recognition of the doctrine that the object of criminal law is more to reform the individual offender than to punish him. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was any violation of the conditions which were imposed upon respondent no. 2 by the Appellate Court. Further, the allegations of him being in illegal possession of the property are of civil nature and thus create no obstacle in granting the benefit. Thus, considering the overall facts and circumstances of the case, the learned Appellate Court was justified in extending the benefit of probation and has rightly upheld the conviction but altered the sentence. 16. For the above stated reasons, there is no infirmity or perversity in the findings of the learned Appellate Court while extending the benefit of probation to respondent no. 2, and thus, need no interference. 17. Accordingly, the present petition is dismissed being devoid of me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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