SURESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision is directed against the judgment dated 10.7.2002 rendered by the Third Addl. Sessions Judge, Ujjain in Cri. Appeal No. 53/2002 arising out of the judgment dated 8.4.2002 passed by the Judicial Magistrate First Class, Ujjain in Cr. Case No. 414/2000 thereby the learned trial Court convicted the applicant for the offence punishable under Section 138 of the Negotiable Instrument Act (Herein -after referred to as the 'Act') and sentenced to under R.I. for six months and fine of Rs. 5,000/. In default of payment of fine to suffer additional S.I. for three months and also ordered for payment of Rs. 4,000/ as compensation to the complainant out of the fine amount of Rs. 5,000/, after its realisation from the applicant. In the impugned Judgment in appeal, the learned Lower Appellate Court has maintained the conviction and sentence as imposed by the trial Court and also awarded additional compensation under Section 357 (3) of the Code of Criminal Procedure of Rs. 64,000/ -. In default of payment of this amount, ordered for further R.I. for six months. Both the sentences were ordered to fun consecutively. It is pertinent to note here that the learned lower Appellate Court in para 18 has wrongly mentioned that the trial Court has not awarded any compensation as per provision under Section 357 of the Code of Cr. Procedure whereas the trial Court has passed' the specific order as mentioned above in para 17 of its judgment.