GAURAV KHULLAR Vs. ELEVEN V INDUSTRIES

JUDGEMENT

(1.) The prayer in the present revision petition under Sec. 397/401 read with Sec. 357(4) Cr.P.C. is for setting aside the order dtd. 20/1/2016 passed by the Court of the Additional Sessions Judge, Ludhiana in Criminal Appeal No.124 of 15/12/2014 and registration No.CRA-1033-2014 titled as'Gaurav Khullar versus M/s Eleven V Industries and Ors.' whereby the appeal filed by the revisionist/complainant against the omission to grant of compensation under Sec. 357(1)(b) Cr.P.C. by the Magistrate while passing the order of conviction and sentence dtd. 22/9/2014 in a complaint under Sec. 138 of the Negotiable Instruments Act and for enhancement of substantive sentence awarded by the Magistrate has been dismissed and no amount of compensation has been granted to the revisionist/complainant after the judgment of conviction and order of sentence had been upheld by the Additional Sessions Judge, Ludhiana.

(2.) The brief facts of the case are that the revisionist/complainant (hereinafter known as'the petitioner') had instituted a criminal complaint under Sec. 138 of the Negotiable Instruments Act against the respondents/convicts (hereinafter known as'the respondents') on account of the dishonour of a cheque bearing No.577096 dtd. 25/8/2011 for an amount of Rs.7,75,000.00. A copy of the complaint is attached as Annexure P-1 to the present petition.

(3.) Against the non-grant of compensation to the petitioner by the Trial Court under Sec. 357 Cr.P.C. as also the inadequacy of the substantive sentence of 06 months imprisonment, an appeal was preferred by him under the proviso to Sec. 372 Cr.P.C. challenging the non-grant of compensation and for enhancement of sentence. A copy of the said appeal is attached as Annexure P-3 to the present petition. The respondents also preferred an appeal against the judgment of conviction and order of sentence imposed upon them. The appeal filed by the respondents was dismissed by the Additional Sessions Judge, Ludhiana and the judgment of conviction and order of sentence passed by the Trial Court was upheld. However, simultaneously, the appeal filed by the petitioner against the non-grant of compensation by the Trial Court was also dismissed by the Additional Sessions Judge, Ludhiana without awarding any compensation and enhancing the substantive sentence. The copy of the judgment dtd. 20/1/2016 passed by the Additional Sessions Judge, Ludhiana, whereby both the appeals filed by the respondents as well as the petitioner (complainant) respectively were dismissed is attached as Annexure P-4.