TIJAURAM ANJOR SINGH Vs. SATISH CHANDRAKAR

JUDGEMENT

(1.) Criminal Revision Nos.365/2012 and 503/2012 filed against the judgment dated 21.5.2012 passed by the Additional Sessions Judge, Dhamtari, in Criminal Appeal No.21/2011, are disposed of by this common order.

(2.) By filing Criminal Revision No.365/2012 the applicants- Tijauram, Anjor Singh and Rampreet (hereinafter referred to as 'accused') have challenged legality and propriety of the judgment dated 21.5.2012 passed by the Additional Sessions Judge, Dhamtari, in Criminal Appeal No.21/2011, modifying the judgment of conviction and order of sentence dated 11.2.2011 passed by the Judicial Magistrate First Class, Dhamtari, in Criminal Case No.225/2009, whereby & whereunder the learned Judicial Magistrate First Class after holding the accused guilty for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') sentenced them undergo S.I. for three months and fine of Rs.5000/-, in default of payment of fine to further undergo S.I. for thirty days. It has also been objected by non- applicant Satish Chandrakar (hereinafter referred to as 'complainant'). In appeal the Additional Sessions Judge has modified the sentence of S.I. for three months to sentence of till rising of the Court, but fine part of sentence has been maintained. The appellate Court has also awarded compensation of Rs.5 lacs i.e. amount of cheque and also directed to undergo S.I. for six months if amount of compensation is not paid within two months from the order. The accused have challenged the conviction and payment of compensation on the ground that cheque issued was not for debt or dues legally recoverable, but was security of amount and on the ground that the Court below was not competent to award compensation beyond the extent of sentence of fine independently under Section 357(3) of the Code of Criminal Procedure (for short 'Code').

(3.) By filing Criminal Revision No.503/2012 the complainant- Satish Chandrakar has challenged the sentence and has claimed compensation twice to the amount of cheque i.e.Rs.10 lacs.