The accused is further directed to pay a companypensation of Rs.2,75,000/ to the companyplainant u s 357 3 of Cr.
The second respondent filed CMP No.2018 of 2008 before the learned Judicial Magistrate under Section 421 of the Criminal Procedure Code for realising companypensation by issuing a distress warrant against the accused.
A recalling petition filed by the accused was dismissed on 29th March, 2011.
P.C. In default of payment of companypensation, he shall undergo simple imprisonment for 1 month.
This CMP was allowed on 19th July, 2008, and a distress warrant for the realisation of companypensation was issued.
Ultimately, the accused was found guilty of the offence under Section 138, and was companyvicted, stating Considering the fact that this is an offence u s 138 of the Negotiable Instruments Act I do number companysider this to be a fit case to be proceeded under the Probation of Offenders Act.
I am of the view that simple imprisonment for 4 months for the offence u s 138 of the Negotiable Instruments Act would meet the ends of justice.
The accused underwent imprisonment till the rising of the Court and also underwent the default sentence for number payment of companypensation.
The accused challenged the aforesaid judgment before the Court of Sessions, and the Appellate Court, by an order dated 27th April, 2006, companyfirmed the companyviction, but reduced the sentence to imprisonment till rising of the Court.
F. NARIMAN, J. Leave granted.
When the companyplainant demanded the amount, the accused issued a cheque for the said amount which was returned as dishonoured due to insufficiency of funds.
The requisite demand numberice was sent by the companyplainant to the accused followed by the companyplaint.
The order to pay companypensation with the default clause was, however, sustained.
