ASHIM KUMAR CHAKRAVARTY Vs. GURDEEP SINGH BAWA

JUDGEMENT

(1.) ORIGINALLY, these appeals were filed as Writ Petitions seeking enhancement in the compensation under Section 138 of Negotiable Instruments Act, however, in view of the provisions of Section 378 read with Section 377 of Cr.P.C., the Writ Petitions were allowed to be converted into appeals.

(2.) ' These Appeals are filed by the complainant on the ground that the Sessions Court had reduced the amount of compensation without any valid reason and, therefore, the order of the Sessions Court is liable to be set aside and the order passed by the Magistrate should be restored.

(3.) ' The learned Counsel for the complainant/appellant vehemently contended that the accused had used the money for more than four years when the amount of Rs.2 lakh was repaid by depositing the same before the trial Court. The Courts below had practically not imposed any sentence of imprisonment because by common order in two cases, he was required to undergo simple imprisonment till rising of the Court. The learned Magistrate had directed to pay Rs.3 lakh inclusive of the cheque amount of Rs.2 lakh. It means the accused was required to pay compensation of Rs.1 lakh for withholding and using that amount of Rs.2 lakh for a period of more than four years. According to her, by reducing the amount of compensation, the learned Addl. Sessions Judge has practically refused to grant any compensation and required the accused to repay the cheque amount without anything more.