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Issues:
1. Imposition of punishment in default of payment of compensation under Section 138 of the Negotiable Instruments Act, 1881. 2. Jurisdiction of the Appellate Court under Section 389 of the Code of Criminal Procedure, 1973 to impose conditions while suspending substantive sentence. Analysis: 1. The judgment dealt with the issue of imposing punishment in default of payment of compensation under Section 138 of the Negotiable Instruments Act, 1881. The Applicant was sentenced to imprisonment and compensation by the trial Court. The Appellate Court suspended the sentence but directed the Applicant to deposit half of the compensation amount within a specified time. The Applicant challenged this condition, arguing that the trial Court could not impose punishment in default of payment of compensation. However, citing legal precedents, the Court held that the power to award compensation to victims is in addition to other sentences, aiming to reassure the victim and reconcile them with the offender. The Court emphasized the need for reasonable compensation based on the nature of the crime and the accused's ability to pay, supporting the Appellate Court's decision to impose the condition of depositing a portion of the compensation amount. 2. The judgment also addressed the jurisdiction of the Appellate Court under Section 389 of the Code of Criminal Procedure, 1973 to impose conditions while suspending substantive sentence. Referring to a Supreme Court decision, the Court highlighted that in cases of offences under Section 138 of the Negotiable Instruments Act, it is advisable for the Court to impose a condition for remitting the fine amount within a specified period while suspending the sentence. The Court noted that in the present case, the Appellate Court had directed the deposit of 50% of the cheque amount as a condition for suspending the compensation payment order, which was considered justified due to the heavy amount involved. The Applicant argued difficulties in paying the directed amount, requesting more time, which the Court granted by extending the deadline for depositing the sum. In conclusion, the judgment clarified the legal provisions regarding the imposition of punishment in default of compensation payment under Section 138 of the Negotiable Instruments Act, 1881, and the jurisdiction of the Appellate Court to impose conditions while suspending substantive sentences under Section 389 of the Code of Criminal Procedure, 1973. The Court upheld the Appellate Court's decision to impose a deposit condition for the compensation amount and granted an extension for payment considering the circumstances presented by the Applicant.
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