SANJAY CHANDAK Vs. NOSHAD KHAN

JUDGEMENT

(1.) Counsel for the petitioner prays for a limited relief that compensation has been awarded under Section 357(3) of Cr.P.C., but the learned Appellate Court has directed to recover this amount as in the mode prescribed for recovery of fine under the Cr.P.C. Therefore, the recovery by way of fine would be protracted and cumbersome. Hence, in default of compensation, sentence of imprisonment may be awarded.

(2.) Brief facts just necessary for disposal of this petition are that, JMFC, Sehore in Criminal Case No.116/2009, decided on 08/12/2010, convicted the respondent/accused for offence under Section 138 of Negotiable Instruments Act and sentenced to 6 months rigorous imprisonment with compensation to the tune of Rs. 2,80,000/-.

(3.) The respondent/accused preferred criminal appeal No.244/2010 which was decided on 01/06/2011 by the Second AJ to the Court of First ASJ, Sehore and maintained the conviction and the compensation awarded under Section 357(3) of Cr.P.C. But reduced the imprisonment to 18 days already undergone. Further, it is observed by the learned ASJ that the compensation awarded is recoverable as per the procedure prescribed for recovery of fine amount.