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TMI Blog2021 (1) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... easoning and material on record. In the instant case strangely the accused has been convicted without there being sufficient evidence and only on the basis of the joint memo filed by the parties. Admittedly as per the terms of the joint memo the complainant/appellant has received the entire cheque amount of ₹ 90,000/-. When there was satisfaction of the entire claim by the accused, the complainant/appellant was duty bound to withdraw the civil suit filed before the trial Court as agreed by him in the joint memo. The complainant has failed to fulfill his obligation and has managed to get a decree for recovery of a sum of ₹ 21,000/-. Under these circumstances if these criminal cases are remanded back to the trial Court for fres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the sake of convenience. 6. The facts leading to these two appeals are that the appellant being the complainant had filed a private complaint against the accused - respondent under Section 138 of Negotiable Instruments Act alleging the dishonor of cheques issued by the accused. These two criminal cases ended in compromise, as both parties amicably settled the dispute and filed a compromise petition/joint memo before the Criminal Court. In pursuance of the said joint memo, the trial Court convicted the accused respondent directing her to pay a sum of ₹ 90,000/- to the complainant and in default she shall undergo a simple imprisonment for a period of six months. One of the terms of the compromise was that on receiving the chequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceived the cheque amount of ₹ 90,000/- from the accused. Thus the claim of the plaintiff has been satisfied. As per the terms of the compromise the complainant/appellant was required to withdraw the civil suit filed before the trial Court, but he has failed to fulfill his obligation. The said suit was decreed and the complainant/plaintiff filed an Execution Petition No.229/2009 for recovery of ₹ 21,000/-. 9. During the course of arguments it is submitted that the respondent - accused who is the judgment debtor in the said execution petition has deposited a sum of ₹ 21,000/- under protest to avoid attachment of property. 10. As could be seen from the records it is evident that the appellant/complainant has already rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in an appeal for enhancement of sentence- (i) reverse the finding and sentence and acquit or discharge the accused or order him to be retried by a Court competent to try the offence, or (ii) alter the finding maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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