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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Manna Lal – Appellant
Versus
Paras Steel – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. This order shall dispose of above referred cases as the parties involved in them are the same and similar question of facts are involved in them. The revision petitions have been preferred by petitioner-Manna Lal against his conviction and awarding of compensation to the complainant by the learned Appellate Court whereas the appeals have been preferred by appellant-complainant-Ramesh Kumar for enhancement of compensation awarded by the learned Appellate Court.
Submissions of the petitioner
2. The learned counsel for the petitioner-accused argued that the petitioner was convicted in Cases CIS No.NACT 349/2013, NACT 349/2013, 351/2013, 355/2013, 350/2013, 348/2013 under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') and was sentenced by the learned Sub Divisional Judicial Magistrate, Amloh to one year of rigorous imprisonment. The petitioner duly filed an appeal challenging the conviction/judgment dated 07.08.2015, and notably, no appeal was preferred by the complainant against the said judgment.
2A. It was further contended that while deciding the appeal filed by the petitioner, the learned Appellate Court erroneously di
Compensation under Section 357(3) of CrPC must be reasonable and not exceed the actual loss suffered, aligning with the cheque amount in dishonor cases.
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....
(1) Victim compensation – Payment of victim compensation cannot be a consideration or a ground for reducing sentence imposed upon accused as victim compensation is not a punitive measure and only res....
Compensation under Section 138 of the Negotiable Instruments Act must be proportionate to the dishonoured cheque amount and not punitive for delays in resolution.
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