MARRY JANI KUMRAWAT Vs. KRISHNAKANT KISHORILAL

JUDGEMENT

(1.) THIS revision has been filed by the applicant against the order dated 20.1.2007 in Criminal Appeal No. 474/2006 passed by the learned Second Additional Sessions Judge, Mhow by which the conviction of the applicant under Section 138 of the Negotiable Instruments Act, 1881 and award of compensation of Rs. 1,20,000/- to the complainant has been upheld and she has been directed to undergo also substantive sentence till rising of the Court.

(2.) THE applicant was prosecuted in the Court of the Judicial Magistrate Class-I, Mhow for commission of an offence under Section 138 of the Negotiable Instruments Act and by order dated 22.8.2006 passed in Criminal Case No. 1540/2004, while convicting the applicant thereunder, she was directed to pay compensation to the respondent in the sum of Rs. 1,20,000/-, otherwise to undergo R.I. for three months. An appeal was filed by her against the said judgment under the provisions of Section 374 of the Cr.P.C.and simultaneously therewith a revision was filed by the respondent before the Sessions Court for awarding substantive sentence to the applicant and for enhancement of the compensation. The appeal and the revision were decided by the impugned common judgment and in addition to the direction for compensation and dismissal of her appeal, the revision filed by the respondent was partly allowed and the applicant was awarded sentence till the rising of the Court. The applicant, therefore, prays that the order passed by the Courts below be set-aside and she may be acquitted of the charges.

(3.) LEARNED Counsel for the respondent submits that once it was patent that the applicant accused had not paid the amount of the cheque after its dishonour and after the notice was served on her in accordance with the provisions of Section 138 of the Act, the applicant had no case merely because the Court, under the provisions of Section 357 (3) of the Cr.P.C., has awarded compensation to the tune of the amount of the cheque.