NANDA AMRUT PIRDURKAR Vs. PRINCE RAJAK

JUDGEMENT

(1.) This M.Cr.C. has been filed under Sec. 482 of Cr.P.C. by the petitioners for setting aside the entire execution proceedings of MJCR No. 1008/2017 pending before JMFC, Jabalpur as well as to set aside arrest warrant issued against petitioners for recovery of Rs.1,53,000.00 dtd. 11/7/2022.

(2.) Brief facts relevant for disposal of present petition are that one Amrut Pirdurkar was convicted by the trial Court for offence under Sec. 138 of N.I. Act vide judgment dtd. 17/7/2014 passed in Criminal case No. 5362/2011 (Prince Rajak Vs. Amrut Pirdurkar) and sentenced under Sec. 138 of N.I. Act with simple imprisonment of 1 year and Amrut Pirdurkar was also directed to pay the compensation of Rs.1,53,000.00 to the complainant. Against aforesaid judgment of conviction and sentence, Amrut Pirdurkar filed criminal Appeal No. 249/2014. During pendency of aforesaid appeal, Amrut Pirdurkar expired and therefore, vide order dtd. 13/12/2017, 11th Additional Sessions Judge, Jabalpur dismissed the appeal filed by the Amrut Pirdurkar as having been abated accused. No application was filed on behalf of LR's of Amrut Pirdurkar to continue the appeal. After dismissal of aforesaid appeal as having been abated, complainant filed proceeding before the trial Court for recovery of compensation which was registered as MJCR No. 1008/2017. In aforesaid MJCR case, warrant was issued against petitioners for recovery of compensation amount awarded by the trial Court vide judgment dtd. 17/4/2014 passed in Criminal Case No. 5362/2011. primarily against this proceeding, present petition has been filed.

(3.) Learned senior counsel for the petitioners submits that vide judgment dtd. 17/7/2014, deceased Amrut Pirdurkar was sentenced with simple imprisonment and Amrut Pirdurkar was directed to pay the compensation of Rs.1,53,000.00 but no sentence of fine was imposed by the trial Court under Sec. 138 of N.I. Act. Trial Court can impose imprisonment or fine or both. But it cannot award compensation under Sec. 138 of N.I. Act. It is also urged that after filing of appeal by the deceased Amrut Pirdurkar against conviction, Appellate Court suspended the sentence i.e. imprisonment as well as compensation. As per order of Appellate Court, deceased Amrut Pirdurkar deposited Rs.30,600.00 on 12/9/2014. During pendency of appeal, on 3/2/2010 Amrut Pirdurkar expired and therefore, appeal filed by the Amrut Pirdurkar was dismissed as having been abated on 13/12/2017. On 11/7/2022/18/9/2022, arrest warrant/recovery warrant was issued against legal representative of Amrut Pirdurkar for recovery of compensation.