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2015 Supreme(MP) 1198
IN THE HIGH COURT OF MADHYA PRADESH
N. K. GUPTA, J.
DHEERAJMAL – Appellant
Versus
SUNITA CHOPRA – Respondent
Cri. Rev. No. 932 of 2014
Decided On : 30-01-2015
Advocate Appeared:
For the Appellant : Vishal Mhaski
For the Respondent: Sushil Kumar Tiwari
The court has the discretion to consider the time spent in custody and the deposit of compensation when determining the appropriate sentence for an offence under the Negotiable Instruments Act.
Headnote:
Negotiable Instruments Act - Dishonour of Cheque - The court maintained the conviction under section 138 of the Negotiable Instruments Act but reduced the jail sentence to the period for which the applicant remained in custody.
Fact of the Case:
The applicant challenged the order maintaining his conviction under section 138 of the Negotiable Instruments Act for dishonouring a cheque, but the court reduced the jail sentence to the period for which he remained in custody.
Finding of the Court:
The court found that the applicant had deposited the entire compensation amount and remained in custody for approximately two months, which was deemed sufficient as a sentence. The court therefore reduced the jail sentence to the period of custody.
Issues: The main issue was the appropriate sentence for the offence under section 138 of the Negotiable Instruments Act, considering the time already spent in custody and the deposit of compensation.
Ratio Decidendi: The court's decision was influenced by the fact that the applicant had deposited the entire compensation amount and had already spent a significant period in custody, leading to the reduction of the jail sentence.
Final Decision: The court maintained the conviction under section 138 of the Negotiable Instruments Act but reduced the jail sentence to the period for which the applicant remained in custody.
JUDGMENT :
1. The applicant has challenged the order dated 7-5-2014 passed by the 2nd Additional Sessions Judge, Betul in Criminal Appeal No. 71/2011, whereby appeal was partly allowed and conviction of the applicant for the offence under section 138 of the Negotiable Instruments Act (hereinafter referred as 'the N.I. Act') was maintained but the sentence was reduced to the period of eight months R.I. with fine of Rs. 5,000/- and compensation of Rs. 5,00,000/-. The judgment dated 25-4-2011 passed by the JMFC, Betul in Criminal Case No. 4593/2006 was modified by the Appellate Court. The applicant has also challenged the judgment passed by the trial Court in the present revision.
2. Facts of the case in short are that it was a matter of dishonouring of the cheque issued by the applicant.
3. I have heard the learned counsel for the parties.
4. Learned counsel for the parties are of the view that the applicant had deposited the entire compensation amount and he remained in the custody for approximately two months and it is sufficient sentence against the applicant therefore, it is prayed by learned counsel for the applicant that jail sentence directed against the applicant may be reduced to the period for which he remained in the custody. Learned counsel for the respondent has no objection to that submissions.
5. Consequently, the present revision is hereby disposed of with the directions that conviction of offence under section 138 of the Negotiable Instruments Act as directed by the Courts below is maintained but the jail sentence is reduced to the period for which the applicant remained in the custody. No change in the fine amount and compensation.
6. The applicant is in custody and therefore, office is directed to issue a release warrant so that the applicant shall be released immediately without any delay.
7. Copy of the order be sent to the Courts below along with its record for information and compliance.
8. The compensation deposited by the applicant before the trial Court be given to the compliant/respondent.
