MILAGRES SALES SALES COUTINHO Vs. SHIVAJI P GAWANDE

JUDGEMENT

(1.) Both the matters are being decided together as they have arisen out of the same proceeding viz. Private Complaint filed by the petitioner for offence punishable under section 138 of the Negotiable Instruments Act. The case was bearing Criminal Case No.783/NI/2003/Addl.III, Margao, which was pending in the Court of J.M.F.C, Margao. The learned JMFC acquitted the accused and the matter was taken to High Court and in Criminal Appeal No.16/2006, the High Court convicted the respondent. The sentence of imprisonment of 7 days was given and the compensation of Rs.34,000/- was awarded in favour of the complainant. In default of payment of compensation, the sentence of imprisonment of 3 months was given. The respondent/accused has undergone the substantive sentence and also the sentence given in default of payment of compensation.

(2.) The original complainant filed application no.32-D in the aforesaid criminal case in the year 2010 and he requested the Court to take steps for recovery of the compensation amount. He also filed application under section 340 of Cr. P.C. which was given no.59-D. In this application, the complainant contended that the accused had produced another person in place of the person who was to be examined as witness and that way, by impersonation the offence of perjury has been committed by the accused.

(3.) After hearing both sides, the learned J.M.F.C has rejected both the applications. In the first proceeding, the learned J.M.F.C has observed that as the accused has undergone sentence in default of payment of compensation, it is not desirable to make the order of recovery of the amount as provided in section 421 of Cr. P.C. The second proceeding is dismissed by observing that there is no need to take such steps, in view of the fact that the accused is convicted and he has undergone the sentence.