NASHRUDDIN Vs. NAUSHAD ALI

JUDGEMENT

(1.) These are two Revisions:-

(2.) The Courts below, while adjudicating upon the decision, which has been rendered on 20th December, 2011 by the Judicial Magistrate, 1st, Dehradun in Criminal Complaint No. 4703 of 2011, Nashruddin Vs. Naushad Ali, whereby, the impugned judgment was sought to be modified by the present revisionist so far to the extent, it related to the grant of relief to the complainant with regard to the quantum of compensation, which has been determined to be paid and also with regard to the determination of loss or damages, which has been suffered by the complainant on account of the commission of offence under Section 138 of the Negotiable Instruments Act.

(3.) The Revision, in question, i.e. Criminal Revision No. 266 of 2012, is filed by the complainant is also limited to the extent for the claim of an interest over the amount directed to be paid as compensation by modifying the judgment impugned and to enhance the compensation, which was due to be paid by the convict /respondent as a consequence of the dis-honouring the cheques for an amount of Rs.3,70,000/-, i.e. cheque No. 974657 for Rs.1,70,000/-and another cheque No. 974658 for an amount of Rs.2,00,000/-, which were drawn on Punjab and Sind Bank, which was issued on 15.05.2009. Thus, he claimed payment of interest on the aforesaid balance amount @ 18% on the amount due to be paid, which is shown to have been issued by the accused / respondent by the cheques, which was dishonored by the bank due to insufficient balance standing in the account of the accused person.