DHARAMVIR SINGH RAWAT Vs. RAJ KISHOR

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for quashing of order dtd. 17/9/2019 passed by ld. Addl. Sesssion Judge Yamuna Nagar at Jagadhari, vide which bail of the petitioner has been cancelled and further the 20% amount of the compensation awarded by the Ld. Trial Court has been ordered to be recovered from the petitioner under Sec. 421 of Cr.P.C.

(2.) Brief facts of the case are that vide judgment of conviction dtd. 7/6/2017 and order of sentence dtd. 8/6/2017, the ld. Trial Court/Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri convicted and sentenced the petitioner for a period of one year for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and further, directed him to pay compensation to the tune of Rs.2,00,000.00, to the respondent/complainant. Being aggrieved, petitioner preferred an appeal before the court of ld. Sessions Judge, Yamuna Nagar at Jagadhri, within time limitation on 4/7/2017 and the ld. Addl. Sessions Judge, Jagadhri after appreciating the submissions, suspended the sentence by admitting the petitioner on bail, vide order dtd. 6/7/2017.

(3.) It would be appropriate to mention here that vide notification dtd. 2/8/2018, the Central Government has amended the Negotiable Instruments Act by inserting Sec. 143-A and Sec. 148 in the Principal Act i.e. Negotiable Instruments Act 1881, vide which the Ld. Trial Court as well as Ld. Appellate Court are empowered to direct the accused to make interim compensation/ payment to the complainant, upon filing of complaint or appeal against the conviction. In view of this amendment, vide order dtd. 17/9/2019, Ld. Addl. Sessions Judge, Yamuna Nagar at Jagadhri, ordered to recover the 20% amount of the compensation awarded by the Ld. Trial Court.