AMBIKA TRADERS Vs. ROOPCHAND JAIN

JUDGEMENT

(1.) By way of this petition, the petitionersaccused are seeking modification of the order dtd. 24/10/2019 in CRR No. 3272019 passed by this Court confirming the order of learned trial Court convicting the accused under Sec. 138 of Negotiable Instruments Act and sentencing him to undergo SI for 01 year and pay compensation of Rs.5.00 lacs to the complainant within 01 month from the date of judgment with default sentence of 12 months' RI.

(2.) Learned counsel for the petitioners would submit that the penaltypunishment awarded in default of compensation amount was beyond the statutory limit provided under Sec. 65 of IPC and as such, illegal. As per Sec. 138 of the NI Act, the maximum sentence of imprisonment is two years and as such, the default sentence could not exceed beyond six months whereas the learned trial Court awarded 12 months' RI in default of payment of compensation which is prohibited under the law. The petitioneraccused has already completed the substantive jail sentence on 16/5/2024 and thereafter he is suffering the default sentence and has completed five months thereof. She would submit that the petitioneraccused has already paid Rs.1.25 lacs to the complainant on 20/3/2019. Therefore, keeping in view the provisions of Sec. 65 of IPC and Sec. 138 of the NI Act, by exercising the inherent power under Sec. 482 of CrPC the order dtd. 24/10/2019 passed in CRR No.3272019 may be modified, thereby relieving petitioneraccused from undergoing his remaining default sentence. Reliance has been placed on the decision in the matter of Soe Win and others Vs. State, 2016 CrLJ 4373 and Daxaben Vs. State of Gujarat and others, (2022) 16 SCC 117.

(3.) Learned counsel for respondent No.1 submits that the sentence of 12 months' RI awarded by the learned trial Court is in accordance with law to ensure payment thereof to the complainant. The provisions of Sec. 65 of IPC are applicable to fine only whereas the amount awarded to the complainant is not fine but compensation. As such, there is no need of any modification in the order dtd. 24/10/2019 passed in CRR No.3272019.