RAHUL ASHOK KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Advocate appearing for the Respondents waives service. Taken up for hearing forthwith.

(2.) THIS Criminal Revision Application is filed by the Applicant who is an accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to of the said Act). The second Respondent is the complainant. The Applicant was convicted by the learned Metropolitan Magistrate by order dated 8th July 2005. The Applicant was directed to undergo simple imprisonment for one year and to pay fine of Rs.5,000/- and in default to suffer simple imprisonment of 6 months. The Applicant was directed to pay compensation to the second Respondent in the sum of Rs.2,25,000/- and in default to suffer simple imprisonment for 9 months. The Applicant preferred an Appeal before the Sessions Court which has been dismissed by order dated 6th December 2005.

(3.) I have considered the submissions. The Appeal preferred by the Applicant before the learned Additional Sessions Judge was an appeal against order of sentence and conviction. While dealing with the said Appeal, the Appellate Court was expected to consider and appreciate the oral and documentary evidence on record. The Appellate Court was also expected to deal with submissions made on behalf of the Appellant and to record findings thereon. However, I find that the substantive appeal against order of conviction has been decided by the learned Additional Sessions Judge in a very cryptic manner. In the cryptic order which is passed by the learned Additional Sessions Judge, there is no reference to oral evidence on record. The operative part of the order reads thus :- "Appeal is without merits. However, considering the nature of the circumstances I permit the appellant to pay the compensation amount of Rs.2.25 lacs on or before 31.3.2006. In default the order of the Ld.M.M. shall stand received relating to compensation and sentence. In default the appellant shall surrender before the Ld.M.M. on or before 15.4.2006 to undergo his sentence. The order of the Ld.M.M. is stayed till 1.4.2006. Appeal stands disposed off."