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DEEPAK KUMAR TIWARI
Alex Adward Kujur S/o Late Fransis Kujur @ Aashish Kujur – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
1. This Revision is directed against the judgment dated 24.6.2021 passed by the 1st Additional Sessions Judge, Janjgir in Criminal Appeal No.31/2021 which in turn was preferred against the judgment and order dated 26.3.2021 passed by the learned Judicial Magistrate 1st Class, Akaltara in Criminal Case No.372/2019 whereby the applicant has been convicted for commission of offence under Sections 419 & 420 of the IPC and sentenced to undergo SI for one year & to undergo SI for 3 years with fine of Rs.50/- each, respectively. By the impugned judgment, learned 1st Additional Sessions Judge dismissed the Appeal preferred by the applicant and modified the order of sentence whereby the fine amount imposed on the applicant by the learned JMFC was enhanced from Rs.50/- to Rs.2,05,000/-. It was also made clear that in case of failure of payment of fine amount, the applicant shall undergo SI for one year. The applicant has challenged the same in this Revision.
2. Case of the prosecution is that complainant Jagdish Sahu has lodged a written complaint with the concerned Police Station alleging that the present applicant and co-accused Monika Alex (wife of the present applicant) had introdu
Appellate court cannot confirm conviction under NI Act s.138 and remit solely for resentencing; must decide additional evidence applications; magistrate may impose fines exceeding CrPC s.29 limit via....
The appellate court's power to modify sentences must be measured by the power of the court from whose judgment an appeal has been brought before it, and the fine imposed should not exceed the jurisdi....
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 ....
Appeals from convictions – In an appeal against conviction, nature of sentence can be altered but it cannot be enhanced.
Point of Law : An order under Section 156 (3) of the Code is revisable, the same would amount to clothing the Sessions Court with the power of quashing the FIR or investigation. Such power is conferr....
The main legal point established in the judgment is that while the appellate court can modify the sentence, it cannot enhance the fine amount in an appeal, as prescribed under Section 386(b)(iii) Cr.....
Court emphasizes that compensation must utilize Section 357(1) of Cr.P.C. when fine forms part of the sentence, rejecting reliance on Section 357(3).
The offense under Sec. 138 of N.I.Act is primarily a civil wrong, and the court has the discretion to impose fines instead of imprisonment, considering the compensatory nature of the offense.
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