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TMI Blog2019 (7) TMI 1561X X X X Extracts X X X X X X X X Extracts X X X X ..... - Section 421Cr.P.C. deals with the procedure for execution of the fine. It provides that the Court can adopt any of the procedure prescribed in Section 421(1) Cr.P.C.. First option with the court is to issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender. Second option is to issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter. Thus, the interim compensation or compensation ordered by the Court while dealing with criminal case is liable to be accounted for in any subsequent civil suit or proceedings. Even otherwise, this court did not find that there is any prohibition or impediment in ordering adjustment. The intention of the legislature is to introduce provision for speedy recovery of some part of the amount representing the cheque amount as an interim measure. It is not the intention of the legislature that if some part of the cheque amount has already been recovered in a separate proceedings, may be civil proceedings, the amount ordered to be deposited as interim compensation or fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M-29188 of 2019 shall stand disposed of. Counsel for the parties are also agreed that the issues involved for decision are common in both the petitions. Following questions needs determination:- (1) Whether a convict under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the NI Act') while in appeal against the conviction is entitled to pray for adjustment of the amount already recovered under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') towards directions of the appellate court to deposit certain percentage of the compensation or fine under Section 148 of the NI Act or not particularly when it is not disputed that amount involved proceedings under the SARFAESI Act and the NI Act 1881 are arising out of same transaction? (2) Whether on non-deposit of the amount as directed under Section 148 of the Negotiable Instrument Act, 1881, bail granted to the appellant is liable to be automatically/consequently cancelled? Some facts are required to be noticed. Petitioners herein (2 in number, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2019 besides ₹ 52,00,000/- recovered earlier thereto. This Court has heard learned counsels for the parties at length and with their able assistance gone through the paper books. In the considered view of this court, learned first appellate court has erred in addressing the issue raised by the petitioners from a wrong direction. It is fundamental rule of law that if more than one proceedings are pending for recovery of the same or connected or interlinked amount, the court would normally adjust the amount which has been paid/recovered in one proceeding. For example, in the cases of grant of maintenance under different statutes, like proceedings under Section 125 Cr.P.C., Protection of Women from Domestic Violence Act, Hindu Marriage Act, payment in one proceeding is accounted for in another proceeding unless there is order to the contrary. Still further it is also well settled that no one can be called upon to pay more than what is due, even, if under different proceedings judgments and decrees or orders have been passed. Here is a case where parallel proceedings have been initiated under SARFAESI Act and the NI Act. Of course, proceedings under NI Act is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. (5) The interim compensation payable under this section may be recovered as if it were a fine under section 421 of the Code of Criminal Procedure, 1973. (6) The amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973, shall be reduced by the amount paid or recovered as interim compensation under this section. . 148. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court: Provided that the amount payable under this subsection shall be in addition to any interim compensation p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. 421. Warrant for levy of fine. (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (3) lays down that when a Court impose sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Another relevant provision is in sub-section (5) of Section 357 of the Code of Criminal Procedure providing that while awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. Section 421Cr.P.C. deals with the procedure for execution of the fine. It provides that the Court can adopt any of the procedure prescribed in Section 421(1) Cr.P.C.. First option with the court is to issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender. Second option is to issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NI Act compensation amount ordered by the court stood paid. For recovery of some amount including the cheque amount, a civil suit had been filed which was decreed along with interest. Question which arose before the Hon'ble Supreme Court was whether such amount is liable to be adjusted. The Court found that the provisions of the Act have to be given purposive interpretation and construction, therefore, the amount of compensation already recovered shall be liable to be adjusted in the decree of the Civil court as per the provisions of sub-section (5) of Section 357 of the Code of Criminal Procedure. Taking support from the aforesaid judgment, this Court is of the view that the facts of each case particularly when the amount under cheque and recovery proceedings under any other provision is same and interconnected, the Courts are well within their power to order adjustment. Accordingly Question No.1 is answered in favour of the petitioners. Q.No.2 Whether on non-deposit of the amount as directed under Section 148 of the Negotiable Instrument Act, 1881, bail granted to the appellant is liable to be automatically/consequently liable to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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