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AJAY KUMAR GUPTA
Krishna and Associates Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ajay Kumar Gupta, J.—Learned Metropolitan Magistrate, 11th Court, Calcutta upon completion of trial of a Complaint Case No. C-927/96 under Sections 138/141 of the Negotiable Instruments Act, 1881, finally decided and found guilty of the offences as complained of whereby convicted and sentenced the petitioner nos. 2 and 3 to suffer imprisonment for six months each and to pay a compensation of Rs.12,00,000/- to the applicant/complainant.
2. Being aggrieved by and dissatisfied with the aforesaid conviction and sentence, the Petitioners preferred Criminal Appeal being Criminal Appeal No. 33/2000 which was renumbered as Criminal Appeal No. 149/21 before the Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta.
3. After admission of appeal, the matter was finally heard on 06.12.2021. The Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta was pleased to affirm the judgment of the Learned Magistrate thereby directing that in addition to suffer imprisonment so affirmed by the said order, the accused persons/petitioners shall pay compensation of Rs.12,00,000/- (Rupees Twelve Lakhs) only in accordance with Section 357(3) o
Dishonour of cheque – Fine and compensation seeks to achieve same purpose.
Legal heirs of a deceased convict are liable for compensation awarded in criminal cases, and appeals do not abate upon the death of the accused regarding compensation.
Legal heirs of a convicted individual can be held liable for compensation awarded, even after the original accused's appeal is abated, under Sections 421 and 431 of the Cr.P.C.
Legal representatives are not personally liable for compensation, but inherited property can be pursued for recovery post-abatement of appeal.
Compensation can be awarded only when fine does not form part of the sentence, and the power of the Magistrate to impose a fine exceeding Rs. 5,000/- is subject to the ceiling of twice the amount of ....
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
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