ORDER

1. Petitioner has filed this criminal revision being aggrieved by the judgment passed by the appellate Court in Criminal Appeal No.78/2008 on 26.8.2010 by which the Appellate Court has modified the judgment passed by the learned JMFC, Sironj, in Criminal Case No.580/2006 on 10.3.2008 and converted the fine into compensation under section 357(3) of Cr.P.C.

2. Brief facts of the case necessary for disposal of this revision are that respondent Kanhaiyalal and petitioner Seetaram are relatives. Respondent performs the work of goldsmith. Petitioner contacted him to purchase gold ornaments and assured that he will pay the price of aforesaid ornaments in three months. Relying upon his assurance, respondent gave him gold ornaments. The petitioner gave him cheque No.1111024 dated 6.7.2005 of Rs.2,87,500/- and cheque No.1111025 dated 21.7.2005 of Rs.2,87,500 of State Bank of India, Branch Sironj. The respondent presented the said cheque on 10.8.2005 in State Bank of India, Branch Sironj. The bank informed that as said account has been closed, it could not be encashed. Thereafter respondent gave registered notice on 27.8.2005 and demanded money within fifteen days. The petitioner on 31.8.2005 denied to take the said notice. The respondent then also sent under postal certificate on the permanent address of the petitioner. Thereafter, respondent filed a complaint under section 138 of the Negotiable Instruments Act against the petitioner.

3. After service, petitioner appeared before the learned Magistrate and trial conducted. After completion of trial, the petitioner was convicted under section 138 of the Negotiable Instruments Act and directed to pay a fine of Rs.6,00,000/-, out of which, Rs.5,90,000/- was directed to be paid to the respondent as compensation. Against this, petitioner filed an appeal before the Court of learned Additional Sessions Judge, Sironj. Learned Additional Sessions Judge vide judgment dated 26.8.2010 found that trial of the case was conducted like summons trial and due to section 29 of Cr.P.C. Judicial Magistrate First Class cannot impose fine of more than 10,000/- and converted the fine of Rs.6,00,000/- into compensation under section 357(3). Aggrieved by the aforesaid judgment, petitioner filed this revision.

4. Heard learned counsel for the parties and perused the record.

5. In Negotiable Instruments Act, 1881, there is no separate provision for compensation and for compensation in criminal cases provisions of section 357 of Cr.P.C. will be attracted. section 357 of Cr.P.C. reads as under :-

“357. Order to pay compensation.

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before