R. Basant, J.—Can a Criminal Court simultaneously impose a sentence of fine and a direction for payment of compensation under Section 357(3), Cr.P.C.? This interesting question arises for consideration in this revision petition, which is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act.

2. In the nature of the contentions raised before me, it is not necessary for me to advert to facts in any detail. Signature in the cheque is admitted. Notice of demand though duly received and acknowledged, did not evoke any reply. Though discharge was the plea urged, no evidence was adduced to prove that plea. The Courts below concurrently came to the conclusion that the complainant has succeeded in proving all ingredients of the offence punishable under Section 138 of the N.I. Act.

3. The Trial Court imposed the sentence of simple imprisonment for a period of one year and to pay a fine of Rs. 13,000 and in default to undergo simple imprisonment for a period of 3 months. The Appellate Court reduced and modified the sentence of imprisonment to one of imprisonment till rising of Court. But thereafter t