2007 (4) TMI 667 - SC - Companies Law

Interpretation of Section 357 of the Code of Criminal Procedure, 1973 ( the Code , for short) vis-a-vis the provisions of the Negotiable Instruments Act as regards power to impose sentence of fine Held that - We are prima facie of the opinion (without going into the merit of the appeal) that the direction of the learned Trial Judge appears to be somewhat unreasonable. Appellant herein has been sentenced to imprisonment. Only fine has been imposed on the Company. Thus, for all intent and purpose, the learned Trial Judge has invoked both Sub-sections (1) and (3) of Section 357 of the Code. The liability of the appellant herein was a vicarious one in terms of Section 141 of the Negotiable Instruments Act. The question may also have to be considered from the angle that the learned Trial Judge thought it fit to impose a fine of Rs. 25,000/- only upon the Company. If that be so, a question would arise as to whether an amount of compensation for a sum of Rs. 15 lakhs should have been directed to be paid by the Chairman of the Company. We feel that it is not. Therefore, in a case of this nature, Sub-Section (2) of Section 357 of the Code of Criminal Procedure would be attracted even when Appellant was directed to pay compensation, the Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right, the amount of compensation must be a reasonable sum, the Court, while fixing such amount, must have regard to all relevant factors including the one referred to in Sub-Section (5) of 357 of the Code of Criminal Procedure and no unreasonable amount of compensation can be directed to be paid. In the facts and circumstances of the case, we, however, think it reasonable to direct the appellant to deposit a sum of Rs. 1 lakh within a period of four weeks, from date. The Respondent - Company, however, would be entitled to withdraw the said amount. The deposit of such amount by the appellant shall be without prejudice to the rights and contentions of the parties in the appeal.These appeals are allowed to the aforementioned extent.

Issues Involved:
1. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 vis-`a-vis the Negotiable Instruments Act.
2. Imposition and recovery of fines and compensation under the relevant statutory provisions.
3. Right to appeal and conditions for suspension of sentence.
4. Reasonableness and judicial discretion in awarding compensation.

Issue-wise Detailed Analysis:

1. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 vis-`a-vis the Negotiable Instruments Act:
The primary issue in these appeals concerns the interpretation of Section 357 of the Code of Criminal Procedure (Cr.P.C.), 1973, particularly in relation to the provisions of the Negotiable Instruments Act, 1881. The court examined whether the power to impose a fine under Section 357 Cr.P.C. extends to awarding compensation under the Negotiable Instruments Act. Section 357(1) allows the court to apply the fine recovered to compensate victims, while Section 357(3) permits compensation even when no fine is imposed. The court emphasized that compensation under Section 357(3) should be reasonable and not arbitrary, and must consider the accused's capacity to pay.

2. Imposition and Recovery of Fines and Compensation:
The court discussed the mechanisms for the imposition and recovery of fines and compensation under the Cr.P.C. Sections 421 and 424 outline the recovery methods for fines, while Section 431 allows compensation to be recovered as if it were a fine. The court clarified that while fines can be recovered immediately, compensation directed under Section 357(3) does not become automatically recoverable forthwith. The court highlighted the need for a harmonious reading of the statutes to ensure that the legislative intent is fulfilled without rendering any provision nugatory.

3. Right to Appeal and Conditions for Suspension of Sentence:
The court affirmed that the right to appeal is a constitutional right under Article 21 of the Constitution of India and cannot be subjected to unreasonable conditions. The court noted that the appellate court has the authority to suspend sentences and impose conditions, but such conditions must not impair the right to appeal. The court observed that the imposition of a condition to deposit Rs. 5 lakhs for admitting the appeal was not a correct interpretation, as it could not be a condition precedent for entertaining the appeal.

4. Reasonableness and Judicial Discretion in Awarding Compensation:
The court emphasized that the amount of compensation must be reasonable and should be determined based on various factors, including the nature of the crime, the justness of the claim, and the accused's ability to pay. The court referred to several precedents to underline that compensation should not be arbitrary and must be supported by reasons. The court also stressed that while awarding compensation, the trial court must consider whether the case is fit for such an award and whether the accused has the capacity to pay.

Conclusion:
The court held that:
1. Section 357(2) Cr.P.C. applies even when the appellant is directed to pay compensation.
2. The appellate court can impose conditions while suspending the sentence but not as a condition precedent for entertaining the appeal.
3. Compensation must be a reasonable sum, considering all relevant factors.
4. An unreasonable amount of compensation cannot be directed to be paid.

The court directed the appellant to deposit Rs. 1 lakh within four weeks, which the respondent company could withdraw. The deposit is without prejudice to the parties' rights in the appeal. The appeals were allowed to this extent, with no order as to costs.

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