Single judge allowed the revision partly, directing the appellant to pay compensation of Rs.45,000 equal to the cheque amount by September 13, 2013, reducing imprisonment to three months for default.
Directs applicant to deposit Rs.45,000 compensation by September 13, 2013; three months imprisonment for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
912-revn-33-13.sxw
1
dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 33 OF 2013 IN
CRIMINAL APPEAL NO. 22 OF 2012
Mr. Mohan Ramesh Pardeshi … Applicant vs. 1 M/s. Sadashiv Steel and anr. … Respondents
Mr. Sachin D. Kadam for the applicant. Mr. Tejas D. Deshmukh for respondent No.1. Mr. A.R. Patil, APP for respondent No.2.
CORAM: K. U. CHANDIWAL, J.
DATE : August 22, 2013
P.C.:
Heard.
2 Revision Applicant present. He makes a statement to
deposit Rs.45,000/- upto 13 September 2013.
3 The Revision Applicant questions the conviction under
Section 138 of Negotiable Instrument Act, whereby the learned Judge directed applicant to undergo Simple Imprisonment for six months and to pay compensation of Rs.90,000/- to original complainant in default to undergo Simple Imprisonment for six months. The cheque
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912-revn-33-13.sxw
amount was Rs.45,000/-. During Appeal, the Revision Applicant was in custody for almost three months. In fact on 1 February 2013 a statement was made to deposit Rs.45,000/- within four weeks. However, not honoured. Now, again a statement is made to deposit Rs.45,000/- in this Court upto 13 September 2013.
4 The cheque amount was Rs.45,000/-. The Revision Applicant has faced punishment by remaining in custody for nearly a period of three months. Considering the above facts, the compensation is fixed to Rs.45,000/-, the cheque amount. The same would be paid by the revision applicant to the original complainant upto 13 September 2013. However, if he fails, he shall face simple imprisonment for a further period of three months.
5 Revision partly allowed to the extent as above.
(K. U. CHANDIWAL, J.)
1 issue framed by the court
Whether compensation under Section 138 of the Negotiable Instruments Act can be fixed at the cheque amount instead of the previously ordered amount considering the applicant's custody period.
1 provisions across 1 enactments
Mohan Ramesh Pardeshi
M/s. Sadashiv Steel and anr.
K. U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
