"17. The apparent intention is to ensure that not onli'the offender is punished, but also ensure that the complai nant invariably leceives the amount of the cheque by wzry of compensation Under Section 357(1)(b) of the Code. Th,.ruBh a complaint Under Section 138 of the Act is in regard to criminal liability for the offence of dishonouring the cheque and not lbr the recovery of the cheque amount (u hich strictll. spreaking, has to be enforced by a civil suil ), in practice once the criminal complaint is lodged Under Section 1!i8 of the Act, a civil suit is seldom hled to recover the amount of the cheque. This is because of the provision enabling Lhe court to levy a fine linked to the cheque amount a nd the usual direction in such r:ases is; for payment ,es compensation, the cheque amount, as loss incurred bl'the complainant on account of clishonor,rr of cheque. LInder Section 357(1)(b) of the Code ancl the provision ::or compounding the offences Under Seclior-r 138 of the Act most of the cases (except those where liability is denied) get compounded at one stage or tl-re other by payment of the cheque amount with or without interest. Even wherc the offence is not compounded, the courts tend to clirect payment of compensation equal to the cheque anlount (or even something more towards interest) by lerying a fine commensurate with the che<1ue amc,unt. A stage h,as reached when most of the complainant:r, in particular the financing institutions (particularly pr. vate financiers) view the proceedings under Section 138 ot the Act, as a proceeding for the recovery of the chr:que amount, the punishment of the drawer of the chequr: for the offencr: of dishonour, becoming secondary."
