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TMI Blog2019 (2) TMI 1845X X X X Extracts X X X X X X X X Extracts X X X X ..... nts is that trial Court not granted any compensation though the accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. None appears for the non-applicant/accused. 3. The applicants/complainants were to receive Rs. 80,000/- from the accused and, therefore, accused issued cheque of Rs. 80,000/-. Learned Judicial Magistrate First Class, Nagpur convic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two year], or with fine which may extend to twice the amount of the cheque, or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lanation. - For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability. 5. Learned counsel for the applicants has pointed out decision in the case of Ramchandra s/o Raju Gaud v. Vishal s/o Ambadas Deshmukh reported in 2007 ALL MR (Cri) 773. It is held by this Court as under:- Negotiable Instruments Act S. 138 - Dishonour of cheque. Compensatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... honoured, then it was for the trial Court to award compensation to the complainant. Learned trial Court as well as first appellate Court not taken into consideration the provisions of Section 357 of the Code of Criminal Procedure. Hence, following order. ORDER (i) Revision is partly allowed. (ii) Judgment is maintained as it is. Only operative part of the order is modified as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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