SATYAPRAKASH AASURE Vs. SMT. KALPANA ASURE

JUDGEMENT

(1.) The applicant has preferred this revision being aggrieved by the order dated 26.07.2016 passed by the Seventh Additional Sessions Judge, Gwalior in Criminal Appeal No.207/2016 affirming the judgment of the trial Court dated 16.03.2016 passed in Criminal Case No.12549/2014 convicting the applicant for an offence under Sec. 31 of the Protection of Women from Domestic Violence Act, 2005 and sentenced to undergo imprisonment till the rising of the Court and to pay Rs.30,000.00 as compensation under Sec. 357(3) of Crimial P.C. to the complainant Smt. Kalpana Asure and further imprisonment for three months in case of default of payment of the compensation amount.

(2.) Learned counsel for the applicant questioned the judgment of the appellate Court solely on the ground that the Additional Sessions Judge has committed in law illegality by awarding the sentence of three months in case of default of payment of the compensation amount. According to him, if the applicant fails to deposit the compensation amount, the only mode available to the Court to recover any defaulted amount by way of compensation is to take recourse to the provisions of Sec. 421 Cr.P.C.

(3.) To the contrary, the learned counsel for the respondent submits that the impugned order is based on legal sanctity which thus calls no interference.