Gopal Sharma vs M/s Punjab Stores

Heard on I.A. No.7622/2020, an application filed on behalf of the respondent for appropriate direction for disbursement of compensation

amount/release of demand drafts deposited by the applicant in favour of the respondent.

Learned counsel for the respondent submits that the applicant stands convicted for the offence punishable under Section 138 of Negotiable

Instruments Act and sentenced to undergo RI for one year (four counts). The applicant was further directed to deposit Rs.53,76,000/- as

compensation and in default, six months RI. by the Court of JMFC, Katni. That order was challenged by the applicant in appeal registered as Criminal

Appeal No.46/2016 which was partly allowed vide order dated 7/12/2016 whereby while affirming the conviction set aside the sentence of

imprisonment i.e. one year RI and modified it till rising of the Court and imposed fine of Rs.10,000/- with default stipulation for each count. The

respondent, being aggrieved by that judgment dated 7/12/2016 preferred a criminal revision before this Court registered as Criminal Revision

No.638/2017 and this Court vide order dated 02/08/2019 disposed of this revision while affirming the conviction under Section 138 of N.I. Act against

the applicant of the present revision and remitted the matter back to the appellate Court for reconsidering the sentence passed for the offence under

Section 138 of N.I. Act. Learned appellate Court vide order dated 18/2/2020 passed in Criminal Appeal No.46/2016 by learned 3rd Additional

Sessions Judge, Katni while dismissing the appeal directed the present applicant to undergo RI for one year (four counts for each cheque of Rs. Ten

lakh). The applicant was further directed to deposit Rs.53,76,000/- as compensation as also imposed fine of Rs.10,000/- for each count.

Learned counsel for the respondent further submits that the applicant, being aggrieved by the judgment and order dated 18/2/2020 passed by

appellate Court preferred this revision. It is also submitted that Hon’ble Supreme Court vide order dated 17/11/2017 disposed of the Criminal

Appeal No.1982/2017 with direction to deposit cheque amount and further directed that failing which the appeal shall stand automatically dismissed.

The applicant neither obeyed the directions of Hon’ble Supreme Court nor obeyed the direction of this Court and at present no appeal or any case

pertaining to this dispute is pending before Hon’ble Apex Court. The applicant has deposited demand draft before learned Executing Court in the

name of M/s Punjab Stores in lieu of compensation awarded by the appellate Court but the date of validity may lapse after passing the huge time.

Learned counsel further submits that he has filed another Interlocutory Application for revalidating the demand draft tendered by the applicant before

the Executing Court and prays to issue direction to hand over the demand draft to the respondent for depositing in the account of respondent.

This prayer vehemently opposes by learned counsel for the applicant.

Heard learned counsel for the parties.

After considering rival contentions of learned counsel for the parties, this Court is of the view that so far as Section 393 of Cr.P.C. is concerned,

judgment and order of the trial Court after affirming by the appellate Court attains finality, thus, the respondent is entitled to receive the amount,

however, that release of amount is objected by the applicant. In these circumstances, this Court is of the view that the respondent should submit bond

of the like amount of demand draft and one surety in case the applicant succeeds, the respondent will refund the whole amount along with bank

interest.

Accordingly, I.A. No.7622/2020 is allowed.

The Executing Court, where the demand draft is deposited in regards to compensation, is directed to hand over the demand draft to M/s Punjab

Stores (respondent herein) and if the deposit demand draft is not valid on the date of handing over, the Executing Court is directed to take step to

revalidate the demand draft.

I.A. No.8094/2020 and I.A. No.8242/2020 have been filed with prayer for revalidation of the demand draft tendered by the applicant before the

Executing Court.

In this order, this Court clearly directed the Executing Court for revalidation of the demand draft deposited by the applicant, hence there is no need

to issue separate direction for that prayer, thus, both these I.A.s are rendered infructuous.

Hence, I.A. No.8094/2020 and I.A. No.8242/2020 are dismissed having been rendered infructuous.