Omprakash Rathaur vs Rishabh Jain
2022 Latest Caselaw 1828 MP

1                                                            CRR No.973/2019

               HIGH COURT OF MADHYA PRADESH
                             BENCH GWALIOR
                              SINGLE BENCH:
           HON'BLE SHRI JUSTICE G.S. AHLUWALIA


                      Criminal Revision No.973/2019
.........Applicant (s):                      Omprakash Rathore
                                                    Versus
.......Respondent(s) :                       Rishabh Jain
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Shri H.K. Shukla, Counsel for applicant.
Shri R.S. Bansal, Counsel for respondent.
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Date of hearing                      : 07/02/2022
Date of Order                        : 9th /02/2022
Whether approved for reporting :
                                   ORDER

(9th /02/2022) (Through Video Conferencing)

This criminal revision under Sections 397, 401 of Cr.P.C. has

been filed against the judgment dated 8.2.2019 passed by 8 th

Additional Sessions Judge, Gwalior in Criminal Appeal No.268/2018

by which the appeal filed by the applicant against his conviction

under Section 138 of Negotiable Instruments Act has been partially

allowed and the applicant has been awarded the jail sentence of till

rising the Court and compensation of Rs.3,75,000/-, in default three

months rigorous imprisonment.

2. It is submitted by the counsel for the applicant that the

respondent had filed a complaint under Section 138 of Negotiable

Instruments Act on the allegations that the cheque of Rs.3,00,000/-

issued by the applicant on 12.9.2015 was returned back by the Bank

with an endorsement of "insufficient fund". Statutory notice was

given to the applicant but he neither responded nor made payment of

the cheque amount and, accordingly, the complaint under Section 138

of Negotiable Instruments Act was filed. The JMFC, Gwalior after

recording the evidence of the witnesses and hearing both the parties

convicted the applicant by judgment dated 8.6.2018 passed in Case

No.4412680/2015 and sentenced him to undergo rigorous

imprisonment of one year and compensation amount of Rs.3,75,000/-,

in default three months rigorous imprisonment.

3. Being aggrieved by the judgment and sentence passed by the

Trial Court, the applicant preferred an appeal which has been partially

allowed by judgment dated 8.2.2019 passed by 8 th Additional

Sessions Judge, Gwalior in Criminal Appeal No.268/2018 and the jail

sentence of rigorous imprisonment of one year has been reduced to

till rising of the Court but the compensation amount of Rs.3,75,000/-

has been maintained with default imprisonment.

4. It is submitted by the counsel for the applicant that Rs.90,000/-

were deposited initially and remaining amount of Rs.2,10,000/- has

been deposited on 18.12.2019 which is evident from the report dated

3.1.2020 submitted by the JMFC, Gwalior and thus it is submitted

that he does not wish to press this revision on merits and would only

confine his arguments to the payment of remaining compensation

amount of Rs.75,000/-.

5. Per contra, the prayer is vehemently opposed by the counsel

for the respondent.

6. Heard the learned counsel for the parties.

7. It is contention of the applicant that he has already deposited

the cheque amount. Now the only question is that the remaining

amount of Rs.75,000/- which has been awarded by way of

compensation is liable to be reduced or not.

8. From the record of the Trial Court it is clear that the respondent

had filed a criminal complaint on 8.12.2015 and the Court fee of

Rs.13,000/- was also paid. The applicant has paid the remaining

cheque amount of Rs.2,10,000/- on 18.12.2019 i.e. after four years

and fighting in two Courts. The respondent was not only required to

pay the Court fee of Rs.13,000/- but he was also required to bear the

expenses of litigation as well as he was deprived of his cheque

amount of Rs.3,00,000/- for no good reasons.

9. Under these circumstances, this Court is of the considered

opinion that the Appellate Court has already shown much leniency by

reducing the jail sentence and no further leniency can be shown to the

applicant by reducing the additional amount of Rs.75,000/- over and

above the cheuqe amount of Rs.3,00,000/-. Since the respondent has

not filed any appeal/revision for enhancement of sentence, therefore,

this Court is of the considered opinion that no case is made out

warranting further interference in the judgment passed by the

Appellate Court.

10. Accordingly, the judgment dated 8.2.2019 passed by 8 th

Additional Sessions Judge, Gwalior in Criminal Appeal No.268/2018

is hereby affirmed. The revision fails and is hereby dismissed.

11. The applicant is directed to pay the remaining amount of

Rs.75,000/- within a period of one month from today, failing which

the Trial Court shall issue warrant of arrest against him for recovery

of the remaining amount as well as for undergoing the default

imprisonment.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.02.09 14:02:22 +05'30'