JITENDRA JAIN Vs. BALCHANDRA VISHWAKARMA

JUDGEMENT

(1.) The appellant has preferred this petition under Section 397 and 401 of Cr.P.C. against the judgment dated 07.05.2018 passed by Additional Sessions Judge, Agar District Shajapur in Criminal Appeal No.368/2018 whereby the appellate court after affirming the conviction of the respondent No.1 for the offence punishable under Section 138 of N.I. Act sentence him only to undergo imprisonment till rising of the court and directed to pay compensation of Rs. 4,19,650/- with interest of 9% per annum.

(2.) The applicant in this case is a complainant before the court of Judicial Magistrate First, Class, Agar.The offence pitted against the respondent No.1 was under Section 138 of N.I. Act arising out of cheque which was dishonoured by the drawee bank. The trial court after appreciating the evidence produced by the parties convicted the respondent No.1 for the aforesaid offence and sentence him to 1 year R.I. and directed to pay compensation of Rs.4,19,650/- with interest of 9% per annum. The aforesaid judgment of conviction was challenged before the Sessions Court by filing the criminal appeal No.368/2017 and the learned Additional Sessions Judge Agar allowed the criminal appeal in part, modified the sentence for till rising of court from 1 year R.I. and compensation of Rs. 4,19,650/- with 9 % per annum is remained intact. Being aggrieved by the sentence awarded by the appellate Court, the applicant has preferred this petition on the premises that sentence is grossly in adequate. He contended that learned ASJ should atleast have awarded jail sentence to the respondent No.1 or should have given twice the amount of cheque as compensation. It is further submitted that learned appellate did not award any sentence in lieu of compensation.

(3.) I have heard learned counsel for the parties and perused the impugned judgment.