KRIPAL RAM Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) - This criminal miscellaneous petition under Sec. 482 Crimial P.C. is directed against the order dated 26.5.2007 passed by Sessions Judge, Hanumangarh (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 91/2007 whereby instead of hearing and deciding the appeal on merit against the judgment of conviction and sentence passed by Judicial Magistrate, Hanumangarh (for short 'the trial Court' hereinafter) for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) remanded the matter to modify the order of sentence.

(2.) It is contended by learned counsel for the petitioner that the petitioner was convicted by judgment and order dated 15.5.2007 passed by the trial Court for the offence under Sec. 138 of the Act and sentenced to undergo one year's simple imprisonment. The petitioner was also directed to pay a sum of Rs. 2,00,000.00 as compensation to the complainant-respondent. Learned counsel for the petitioner submits that there is no provision providing a sentence in default of payment of compensation, though there is a provision in the Code of Criminal Procedure that in default of payment of fine, a sentence has been provided but so far as compensation is concerned, there is no such provision. Be that as it may, when the matter is seized by the appellate Court, it is open for the appellate Court to hear and decide the appeal including setting aside, affirming or varying the order of conviction and sentence.

(3.) In this view of the matter, the appeal (sic petition) is allowed. Order impugned is set aside. Learned Sessions Judge, Hanumangarh is requested to hear and decide the appeal filed by the petitioner on merit since the matter is old enough within two months from receipt of certified copy of this order. Petition allowed.