ABDUL MAJID KHAN Vs. N M GEORGE

JUDGEMENT

(1.) THIS is a revision by the complainant against the judgment dated 30-4-2001 of the Judicial Magistrate First Class, Bhopal in Criminal Case No. 481 of 2000 by which though the accused has been convicted under Section 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act') and sentenced to pay a fine of Rs. 5,000/-, no compensation has been awarded to the complainant as per Section 357 (3) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code' ).

(2.) THE case of the complainant was that accused N. M. George had issued two cheques dated 30-6-1999 and 15-7-1999 (Ex. P-2 and Ex. P-3) for Rs. 79,000/- and Rs. 36,000/-, respectively in favour of the complainant; these cheques were presented to the drawee bank on 9-8-1999 but these were dishonoured due to insufficiency of funds; the complainant sent the notice Ex. P-7 to the accused but he refused to accept service of the notice; the accused did not make payment of these cheques and therefore the complaint under Section 138 of the Act was filed before the Judicial Magistrate First Class, Bhopal. After trial the Magistrate held the ingredients of Section 138 of the Act as proved and convicted and sentenced the accused as stated above. It is not known whether the accused has filed any appeal or not against his conviction and sentence for this offence.

(3.) THE complainant has filed this revision against the failure of the Magistrate to award compensation to the complainant under Section 357 (3) of the Code. Notice was issued to the accused on this revision petition and the learned Counsel for both the sides have been heard on the question of payment of compensation.