Rohit Kumar vs Walchand
2024 Latest Caselaw 21186 MP

Madhya Pradesh High Court

Rohit Kumar vs Walchand on 5 August, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                              1                        CRR-4431-2019
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                   ON THE 5 th OF AUGUST, 2024
                                              CRIMINAL REVISION No. 4431 of 2019
                                                           ROHIT KUMAR
                                                              Versus
                                                            WALCHAND
                           Appearance:
                                   Shri Sanidhya Nema appeared for Petitioner.

                                   Shri Alamgir Khan appeared for Respondent.

                                                                ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 5.7.2019, passed by the learned Additional Sessions Judge, District Jhabua in Cr.A.No.15/2017, partly allowing the judgment dated 27.02.2017, passed by learned Judicial Magistrate First Class, in criminal case No.78/2008 whereby the petitioner has been convicted for offence under Section 138 of N.I. Act

and sentenced him till rising of the Court. and fine of Rs. 1,00,000/- under Section 357(3) of CrPC.

2. Learned counsel for the petitioner submitted that the learned Appellate Court has committed error in convicting the respondent only till rising of the Court and awarding compensation of Rs. 80,000/-. The respondent has borrowed the amount which has not been returned and for

2 CRR-4431-2019 about nine years. Therefore, an adquate compensation should have been awarded for depriving the applicant from his money and also adequate sentence should be awarded. The learned Judge has failed to appreciate that the complainant/petitioner has proved his case beyond reasonable doubt and the accused is not entitle for any relaxation in sentence of conviction. It is further submitted by the Counsel that there should be 9% per year increment in the cheque amount while awarding compensation, hence, requested requested to increase the compensation more than one lakh in the interest of justice, if no sentence is awarded. He also placed reliance upon the paragraph No. 18 of the judgement passed by Hon'ble Apex Court in the case of R. Vijayan Vs. Baby and another (2012) 1SCC 260.

3. Counsel for the respondent has opposed the prayer and submitted

that the Appellate Court has passed the order after considering each and every aspect of the case and the order is correct in the eyes of law and facts. It is further submitted that the respondent is a poor person, he is ready to deposit the whole compensation but any enhancement would be an extra burden on him.

4. Heard rival submissions of both the parties and perused the record.

5. Looking to the facts and circumstances of the case and in view of the judgment relied upon by counsel for applicant in the case of R. Vijayan Vs. Baby and another (supra) and also the condition of both the parties and specially the submission of counsel for respondent regarding poverty of the respondent, it would be appropriate to enhance the compensation amount by Rs. 20,000/- that means the respondent shall pay Rs. 1,20,000/- to the

3 CRR-4431-2019 petitioner, within a period of two months from today. The amount which has already been deposited by the respondent, shall be adjusted. Failing which, the respondent shall suffer three months SI in default. Remaining part of the order passed by learned ASJ shall remain intact.

6. Accordingly, the petition stands disposed of.

(PREM NARAYAN SINGH) JUDGE

VD