Madhya Pradesh High Court
Vishal vs Amit on 4 March, 2021
Author: Shailendra Shukla
1 CRR-563-2020
The High Court Of Madhya Pradesh
CRR-563-2020
(VISHAL Vs AMIT)
Indore, Dated : 04-03-2021
Heard through Video Conferencing.
Shri D. Udawat, learned counsel for the applicant.
Shri Mradul Bhatnagar, learned counsel for the respondent.
This Criminal Revision under Section 397 read with Section 401 of
Cr.P.C. has been preferred by the applicant against the judgment dated
1.2.2019 passed by the 2nd Addl. Sessions Judge, Biaora, District Rajgarh in
Criminal Appeal No.19/18 affirming the order dated 5.12.2017 passed in
Criminal Case No.1490/2016 by the JMFC, Biaora, District Rajragh, whereby
the applicant was convicted under Section 138 of Negotiable Instruments Act
and sentenced to 1 year R.I. The applicant was further directed to deposit
compensation amount of Rs.3,31,500/- and in default stipulation he was
directed to undergo additional jail sentence of 1 year R.I.
Submissions were made on IA No.1420/2021, which is an application
filed under Section 30 of Cr.P.C.
In the aforesaid application, it has been stated that the applicant was
convicted under Section 138 of Negotiable Instruments Act and the aforesaid
judgment was affirmed by the appellate court and as per the aforesaid
judgment the applicant has been sentenced to one year R.I. and has been
asked to deposit the compensation amount of Rs.3,31,500/-. In default of
payment of this amount, one year of jail sentence was stipulated as the default
sentence.
In the application under Section 30 Cr.P.C. it has been stated that the
aforesaid default imprisonment is not in accordance with Section 30 of
Cr.P.C. and it has been prayed that the same be reduced to 3 months.
Heard learned counsel for the respondent.
Considered.
Section 30(1)(b) of Cr.P.C. reads as under:-
2 CRR-563-2020
"S.30 Sentence of imprisonment in default of fine.-(1) The
Court of a Magistrate may award such terms of imprisonment in default
of payment of fine as is authorized by law:
Provided that the term-
(a) *************
(b) shall not, where imprisonment has been awarded as part of the
substantive sentence, exceed one-fourth of the term of imprisonment
which the Magistrate is competent to inflict as punishment for the
offence otherwise than as imprisonment in default of payment of the
fine."
A perusal of the aforesaid provisions shows that not more than six
months of default imprisonment could have been imposed keeping in view the
maximum sentence which could be awarded under Section 138 of Negotiable
Instruments Act i.e. two years.
Consequently there is substance in the submission of learned counsel
for the applicant that the aforesaid default imprisonment cannot be for a
period of one year.
After due consideration, the aforesaid default period of imprisonment
is reduced to 6 months and the application is accordingly allowed in part in
the aforesaid terms.
At this stage, learned counsel for the respondent has submitted that so
far not even half of the compensation amount has been deposited by the
applicant, which was directed vide order dated 18.2.2021.
Learned counsel for the applicant submits that the applicant is not in a
position to deposit the aforesaid amount because of financial constraints.
The amount which has not been deposited by the applicant, shall be
liable to be levied as per the provisions of Section 421 of Cr.P.C. and an
appropriate application may be filed by the respondent in this regard before
the concerned Court.
3 CRR-563-2020
The Criminal Revision stands disposed of.
(SHAILENDRA SHUKLA)
JUDGE
Digitally signed by Trilok Singh
Savner
Date: 2021.03.04 17:16:49 +05'30'
