Enforceable cheque dishonour compensation: court directed deposit of the awarded amount to secure compliance with the payment order.

In cheque dishonour proceedings, compensation must be made effective and enforceable, and a court may require deposit of the awarded amount to secure compliance. Where the compensation remained unpaid despite orders of the trial court and the appellate court, and the accused had earlier sought time but still did not deposit it, the non-compliance was treated as unjustified. The petitioners were therefore directed to deposit the compensation, after adjusting any amount already paid, within three weeks, failing which the revision would stand dismissed automatically.

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Issues: Whether the petitioners, having failed to deposit the compensation awarded in proceedings under Section 138 of the Negotiable Instruments Act, should be directed to deposit the amount as a condition for continuation of the revision.

Analysis: The amount covered by the dishonoured cheques had remained unpaid despite orders of the trial court and the appellate court. The Court relied on the principle that compensation awarded in cheque dishonour cases must be effective and enforceable, and that a merely nominal or unenforced order would defeat the object of the legislation. It further noted that the accused had earlier sought time to deposit the compensation, but the amount was still not deposited, showing deliberate non-compliance. On the basis of the settled law that compensation under criminal law may be secured by an effective sentence and enforceable directions, the Court found the petitioners' conduct unjustified.

Conclusion: The petitioners were directed to deposit the compensation amount of Rs. 53,76,000/- within three weeks, after adjusting the amount already deposited, failing which the petition would stand dismissed automatically.

Final Conclusion: The revision was disposed of with a mandatory direction to secure payment of compensation, and the petitioners were placed under an adverse consequence for non-compliance.

Ratio Decidendi: In cheque dishonour matters, compensation must be made effective and enforceable, and the Court may issue a binding direction to deposit the awarded amount to secure observance of the order.

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