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TMI Blog2016 (2) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Heard learned Counsel for the petitioner. With consent of parties, the petition is taken up for final hearing before admission. 2. By this petition, the petitioner is challenging the order passed by Judicial Magistrate First Class, Shrivardhan, on 19.12.2015, thereby directing the petitioner to pay fine of Rs. 25,000/- due to the State and compensation of Rs. 2,82,500/- due to the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 138 of the Negotiable Instruments Act. In that case, Saifuddin was convicted. Against the said order and judgment, Saifuddin has preferred Criminal Appeal No. 18 of 2010. During pendency of the said appeal, Saifuddin expired. However, the petitioner did not apply to the Court to bring on record her name. As a result, appeal came to be abated. 5. In view of order passed by trial Court in S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n amount of compensation can be recovered as if it was a fine. In the instant case compensation as directed to be paid, is out of fine amount and therefore, under both sections 421 and 431 of the Code of Criminal Procedure, amount is to be recovered byway of auction and sale of property of accused late Saifuddin. 6. As regards the contention of the petitioner that she is not liable to pay amount, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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