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Anand Byrareddy
Shashidar – Appellant
Versus
Bhima Rao – Respondent


ORDER

Anand Byrareddy, J.— Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The petitioner was the accused in an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’ for brevity). The complaint was contested by the petitioner herein and the court having held that the offence was established and having convicted the petitioner for the offences punishable under Section 138 of the NI Act, the Court imposed a punishment of payment of fine in a sum of Rs.2,00,000, though incorrectly indicated as compensation, as 138 of the NI Act does not contemplate the award of any such compensation and is only fine that could be imposed out of which the court has the power to grant compensation in terms of Section 357 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’ for brevity), in any event, that is irrelevant in view of the further circumstances of this case.

3. An appeal having been preferred, the appeal was also dismissed with costs of Rs.10,000. The present petition however does not address the merits of the case, but rather, on a question of jurisdiction. I











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