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TMI Blog2017 (10) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... truments Act. The trial court awarded a sentence of one year RI on four counts because the petitioner no. 1 had issued four cheques to the respondents and those cheques were dishonoured. The trial court also awarded compensation of Rs. 53,76,000/- and in default to pay the compensation jail sentence of six months. 3. The appellate court allowed partly the appeal filed by the petitioners and set aside the sentence of RI one year awarded by the trial court on four counts. However, the appellate court upheld the amount of compensation, i.e. Rs. 53,76,000/- as awarded by the trial court with 9% interest from the date of filing the private complaint. The appellate court awarded fine of Rs. 40,000/- and punishment of jail sentence upto rising of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not execution proceedings. In support of his arguments, he relied on the judgment of the Apex Court passed in Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and another reported in (2007) SCC 528. 8. Contrary to this, learned senior counsel appearing on behalf of the respondents has submitted that the petitioners are playing hide and seek game before the court. Before the first appellate court, the petitioners filed an application that two months' time be granted to deposit the amount of compensation as awarded by the trial court. The application is dated 07.12.2016. An affidavit was also filed before the first appellate court. The first appellate court vide order dated 7.12.2016 granted two months' time to deposit the amount of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f compensation. In support of the application, Gopal Sharma filed an affidavit dated 07.12.2016. Thereafter, the first appellate court vide order dated 07.12.2016 granted the petitioners two months' time to deposit the amount of compensation. From the aforesaid facts, it is clear that the petitioners were willing to deposit the amount of compensation and they sought time of two months' to deposit the aforesaid amount. Since, then near about eight months have passed but the petitioners did not deposit the amount of compensation. It means that the petitioners are playing hide and seek with the courts and inspite of filing the affidavit the amount of compensation has not been paid or deposited with the court. The petitioners were willi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature passed by the trial Magistrate. It is a different matter if the accused paid the amount atleast during the pendency of the case. 13. Learned counsel for the respondent contended that the complainant has subsequently filed a civil suit and attached all the properties of the respondent. That is not a ground for lessening the gravity of the offence or to impose a minor sentence chosen by the trial court." 12. The Apex court in R. Mohan v A.K. Vijaya Kumar and A.K. Vijaya Kumar v. R. Mohan reported in 2012 AIR SCW 4085 has held as under in regard to object under the Act and Section 138 of the Negotiable Instruments Act directing the accused to pay the compensation to the complainant :- Para 18 "18. The idea behind directing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court in Hari Singh are as important today as they were when they were made. The conclusion, therefore, is that the order to pay compensation may be enforced by awarding sentence in default." 13. From the aforesaid judgments of the Hon'ble Apex Court the principle of law is that it is obligatory on the part of the court to pass an appropriate order in regard to awarding sentence so the order to pay compensation may be enforced. In the present, case the petitioners are deliberately flouting the judgment of the first appellate court. In this view of the matter, it is directed that the petitioners shall deposit the amount of compensation of Rs. 53,76,000/- as awarded by the first appellate court within three weeks before the trial cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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