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TMI Blog2014 (8) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... question. This Court also examined the need to award compensation to the complainant. This Court was of the opinion that the traditional view that the criminal proceedings are for imposing punishment on the accused, either punishment or fine or both, and there is no need to compensate the complainant, particularly if the complainant is not a victim in the real sense, but is a well-to-do financier or financing institution, gives rise to difficulties and complications. This Court further observed that in those cases where the discretion to direct payment of compensation is not exercised, it causes considerable difficulty to the complainant, as invariably, by the time the criminal case is decided, the limitation for filing civil cases would ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. V, Coimbatore. Learned Magistrate by order dated 05/09/2005 convicted the Respondent under Section 138 of the Negotiable Instruments Act ("the NI Act") and sentenced him to undergo six months imprisonment and also to pay fine of ` 4,000/-, in default, to undergo three months further imprisonment. Being aggrieved by this judgment, the Respondent preferred an appeal in the Court of Additional District Judge, Fast Track Court No. 1, Coimbatore. The learned Additional District Judge confirmed the conviction. However, the Additional District Judge modified the order of sentence. He reduced the sentence to three weeks. Being aggrieved by that, the Appellant approached the High Court making grievance about the inadequacy of the sente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused. If the accused remits the said compensation and it is open to the complainant to withdraw the said amount from the Trial Court along with a copy of this order. If the accused pays the said compensation amount, the fine amount shall be returned to him." 2. We have heard learned Counsel for the Appellant at some length. Though notice is served on the Respondent, he is not appearing either in person or through a lawyer. This Court, therefore, appointed Mrs. Nanita Sharma as amicus curiae. We have heard learned amicus curiae also. 3. Learned counsel for the Appellant severally assailed the impugned judgment. He submitted that the impugned order may be set aside and the Appellant may be adequately punished and substantial compensa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e very object of enactment of provisions like 138 of the Act would stand defeated if the sentence is of the nature passed by the trial Magistrate. It is a different matter if the accused paid the amount at least during the pendency of the case." 5. Again, in R. Vijayan v. Baby and Anr. 2011 (4) R.C.R. (Criminal) 743 : 2011 (4) R.C.R. (Civil) 834 : 2011 (6) Recent Apex Judgments (R.A.J.) 19 : (2012) 1 SCC 260 this Court considered the same question. This Court also examined the need to award compensation to the complainant. This Court was of the opinion that the traditional view that the criminal proceedings are for imposing punishment on the accused, either punishment or fine or both, and there is no need to compensate the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the fact that the cheque amount is ` 6,19,488/- (Rupees six lakh nineteen thousand four hundred eighty eight only), we direct the Respondent-accused to pay compensation of ` 10,00,000/- (Rupees ten lakh only) to the Appellant. In default of payment of compensation, the Respondent-accused will have to undergo simple imprisonment for a period of six months. 7. We are informed that the Respondent-accused is still a free agent and he has not yet surrendered. Upon receipt of this order, learned Judicial Magistrate No. V, Coimbatore shall initiate appropriate action so that the Respondent is arrested forthwith. 8. Before parting with the case, we would like to thank Mrs. Nanita Sharma, learned amicus curiae, for assisting the Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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