2019 (4) TMI 2010

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....ile suspending the sentence passed in CC No.502/2017 before the VI JMFC, Belagavi dated 12.04.2018, directing the petitioner to deposit 20% of the compensation amount of Rs. 25,50,000/-. 3. The main ground urged in this petition is that Section 357(3) of Cr.P.C. says that when a Court imposes a sentence, of which fine does not form a part, the Court may, when passing the judgment or 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 accused person has been so sentenced. Admittedly, the trial Court has not imposed a sentence of imprisonment, but it has sentenced the accused to pay a fine of Rs. 3,000/-. The fi....

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....compensation. The High Court was also justified in not converting the sentence from fine to imprisonment, so as to enable itself to award compensation, as the facts and circumstances of the case did not warrant imprisonment. Therefore, the High Court does not call for interference. The counsel bringing this judgment to the notice of this Court contends that the compensation does not form part of fine, hence, the first appellate Court ought not to have passed such conditional order. 5. Per contra, learned counsel for the respondent in his arguments, he contends that in view of the proviso of Section 148 of NI Act, the proviso is very clear that whether fine or compensation awarded by the trial Court, it is mandatory on the part of the Court....

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.... one month before the trial Court and subject to the said condition, the judgment of conviction and sentence was suspended and same has been questioned before this Court. 9. The main contention of the petitioner's counsel before this Court is that the compensation amount does not form part of fine amount, hence, the first appellate Court ought not to have passed such order. It has to be noted that the amendment was brought in 2018 in respect of proviso of Section 148 of NI Act and it is made it clear that while exercising the powers in the appeal, the appellate Court may order the appellant to deposit such amount which shall be a minimum of 20% of the fine amount or compensation awarded by the trial Court, provided that the amount payable ....