SITARAM Vs. KANHAIYALAL

JUDGEMENT

(1.) Petitioner has filed this criminal revision being aggrieved by the judgment passed by the Appellate Court in Criminal Appeal No.78/2008 on 26/8/2010 by which the Appellate Court has modified the judgment passed by the learned JMFC, Sironj, in Criminal Case No.580/2006 on 10/3/2008 and converted the fine into compensation under Sec. 357(3) of Cr.P.C.

(2.) Brief facts of the case necessary for disposal of this revision are that respondent Kanhaiyalal and petitioner Seetaram are relatives. Respondent performs the work of goldsmith. Petitioner contacted him to purchase gold ornaments and assured that he will pay the price of aforesaid ornaments in three months. Relying upon his assurance, respondent gave him gold ornaments. The petitioner gave him cheque No.1111024 dtd. 6/7/2005 of Rs.2,87,500.00 and cheque No.1111025 dtd. 21/7/2005 of Rs.2,87,500.00 of State Bank of India, Branch Sironj. The respondent presented the said cheque on 10/8/2005 in State Bank of India, Branch Sironj. The bank informed that as said account has been closed, it could not be encashed. Thereafter respondent gave registered notice on 27/8/2005 and demanded money within fifteen days. The petitioner on 31/8/2005 denied to take the said notice. The respondent then also sent under postal certificate on the permanent address of the petitioner. Thereafter, respondent filed a complaint under Sec. 138 of the Negotiable Instruments Act against the petitioner.

(3.) After service, petitioner appeared before the learned Magistrate and trial conducted. After completion of trial, the petitioner was convicted under Sec. 138 of the Negotiable Instruments Act and directed to pay a fine of Rs.6,00,000.00, out of which, Rs.5,90,000.00 was directed to be paid to the respondent as compensation. Against this, petitioner filed an appeal before the Court of learned Additional Sessions Judge, Sironj. Learned Additional Sessions Judge vide judgment dtd. 26/8/2010 found that trial of the case was conducted like summons trial and due to Sec. 29 of Cr.P.C. Judicial Magistrate First Class cannot impose fine of more than 10,000/- and converted the fine of Rs.6,00,000.00 into compensation under Sec. 357(3). Aggrieved by the aforesaid judgment, petitioner filed this revision.