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TMI Blog2018 (5) TMI 2027X X X X Extracts X X X X X X X X Extracts X X X X ..... arty, which was dishonoured due to insufficiency of funds. The cheque amount was not paid by the applicant even after the notice given by the respondent. Consequently, the respondent filed a Complaint Case in the Court of learned Magistrate under Section 138 of N.I. Act. The applicant has been convicted by the learned Magistrate in the complaint filed under Section 138 of the Negotiable Instruments Act and he was sentenced to simple imprisonment of one year and fine to the tune of Rs. 75,00,000/-, out of which, Rs. 70,00,000/- was directed to be paid to the complainant /respondent as compensation. Aggrieved by the said order, an appeal was filed by the applicant against the judgment and order of conviction and sentence, whereby applicant was enlarged on bail on 22.03.2018 subject to the condition that the applicant shall deposit 1/4th of total fine of Rs. 75,00,000/- and in case, the said amount is deposited, he shall be released on bail on furnishing a personal bond of Rs. 20,000/- and two sureties of the equal amount till the disposal of appeal. Admittedly, 1/4th of the total fine has not been deposited by the applicant and the present application under Section 482 CrPC has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of compensation as enumerated in Clauses (a) to (d) of Section 357 (1) of CrPC. As regards condition of deposit of 1/4th of the fine amount as imposed in the present case for suspending the substantive sentence, Hon'ble Apex Court in the case of Stanny Felix Pinto Vs. Jangid Builders Pvt. Ltd. and another reported in (2001) 2 SCC 416 has made following observations :- "We find that while suspending the sentence for the offence under Section 138 of the Negotiable Instruments Act, it is advisable that the Court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy, the Court can direct at least a portion thereof to be remitted as the convicted person wants the sentence to be suspended during the pendency of the appeal." It is further germane to point out here that the aforesaid decision was followed by the Hon'ble Apex Court in the case of Dilip S. Dhanukar Vs. Kotak Mahindra Company Limited and another, reported in (2007) 6 SCC 528, wherein it has been held that not only amount of compensation must be reasonable, but condition for suspending the sentence should also be reasonable. Hon'ble Apex Court in para n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utory right; (iii) The amount of compensation must be reasonable sum; (iv) The Court, while fixing such amount, must have regard to all relevant factors including the one referred to in Sub-Section (5) of Section 357 of the Code of Criminal Procedure; (v) No unreasonable amount of compensation can be directed to be paid. Bail or Jail at the pre-trial or post conviction stage belongs to the blurred area of the criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion." Further Hon'ble Court has observed : "personal liberty, deprived when bail is refused is too precious a value of our constitutional system recognized under Article 21 of the Constitution that the crucial power to negate is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individuals and the community." In Keshab Narayan Banerjee and another Vs. State of Bihar, AIR 1985 SC 1666, Hon'ble Supreme Court has held that : "The condition imposed by the High Court for enlarging appellant no.1 on bail, namely that he should furnish security for rupees one lakh in cash or in fixed deposit of any nationalized bank ..... X X X X Extracts X X X X X X X X Extracts X X X X
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