DEEPAK KUMAR TIWARI
Tarachand Rathore S/o Chhedilal Rathore – Appellant
Versus
Ishwar Traders Pro Ishwar Prasad Sahu S/o Sukhru Sahu – Respondent
ORDER :
1. This petition has been filed against the order dated 30.1.2021 (filing No. 159/2021) passed by the Sessions Judge, Janjgir Champa, arising out of judgment dated 31.12.2018 passed in complaint Case No. 87/2017 by the Judicial Magistrate, 1st Class, Janjgir convicting and sentencing the petitioner as under:
| CONVICTION | SENTENCE |
| Under Section 138 of the Negotiable Instrument Act | Till rising of the Court |
| Under Section 357 (3) Cr.P.C. | Payment of compensation of Rs. 6 lakhs, failing which SI for 6 months |
2. Shri H.S. Patel, learned counsel for the petitioner would submit that the learned appellate Court has committed serious error of law in dismissing his appeal against the conviction only on the ground of limitation, though the petitioner has been awarded sentence till rising of the Court, but further directed to pay compensation of Rs. 6 lakhs under Section 357 (3) of the Cr.P.C. and in default of payment of compensation, 6 months SI was awarded. The petitioner has also not paid the compensation amount, therefore, he was sent to jail and after obtainin
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