2006 (7) TMI 741

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....nal court simultaneously impose a sentence of fine and a direction for payment of compensation under Section 357(3) Cr.P.C.? This interesting question arises for consideration in this revision petition, which is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. In the nature of the contentions raised befor....

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....d to impose a sentence of fine of Rs. 5,000/- coupled with a direction for payment of compensation of the actual cheque amount of Rs. 10,752/-. Separate default sentences were imposed for the fine amount as well as the compensation amount. 3. Obviously, the learned Sessions Judge has not appreciated the provisions of Section 357(3) Cr.P.C. I extract below Section 357(3) Cr.P.C. Section....

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.... under Section 357(3) Cr.P.C. Dynamics of this procedure does not appear to have been considered by the learned Sessions Judge. I am satisfied that the said challenge raised in this revision must hence succeed to that extent. 5. I do further note that in this case trial was held before the learned Chief Judicial Magistrate who in law is competent to impose any sentence of fine authorised by law....

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....of guilty and conviction of the petitioner under Section 138 of the N.I. Act are upheld; c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, he is sentenced to pay a fine of Rs. 15,000/- (Rupees Fifteen thousand only) and in default to undergo simple imprisonment for a period of 2 months. If realised the entir....