T.T. Feeds Corporation vs T. Prakash

A.S. Pachhapure

Though the matter is posted for admission, with the consent of the counsel, it is taken up for final disposal.

The petitioner has sought for enhancement of the compensation ordered by the learned Sessions Judge in Crl.A. No. 44/2009 filed by it.

The petitioner herein is the complainant, whereas the respondent is the accused before the trial Court. The respondent had issued two cheques for a total sum of Rs. 4,00,000-00 towards repayment of the dues to the petitioner and on presentation for encashment, the same were bounced. Notice was issued and ultimately, proceedings u/s 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short] were initiated against the respondent. The trial Court ordered imprisonment and fine of Rs. 5,000-00. This order of fine was challenged by the petitioner before the first appellate Court in Crl.A. No. 44/2009, whereas the respondent filed Crl.A. No. 26/2009. The learned Sessions Judge allowed the appeal of the petitioner and enhanced the fine amount to Rs. 4,60,000-00, out of which Rs. 4, 50, 000-00 was to be paid to the petitioner and Rs. 10,000-00 shall be credited to the state as fine. It is this Order, which is challenged by the petitioner in this revision.

I have heard the learned counsel for the parties.

The proceedings u/s 138 of the Act were initiated in the year 2001. Ultimate conviction was on 07.03.2009. As could be seen from the Order sheet maintained by the trial Court in the proceedings u/s 138 of the. Act, it reveals that the respondent dragged on the proceedings without any justifiable reasons and the matter was pending before the trial Court for 9 years. It is in this context the learned counsel for the petitioner submits that the amount of compensation Awarded by the trial Court is on the lower side and requires enhancement.

Though the learned counsel for the respondent refuted the contentions raised by the petitioner, the records reveal that the matter was dragged at the instance of the respondent all the times before the trial Court. It is under these circumstances that the amount of fine requires enhancement.

Taking into consideration the period for which the matter was pending before the trial Court, if reasonable interest on an amount of Rs. 4,00,000-00 is ordered, that would meet the ends of justice. At the same times, the learned counsel for the respondent brought to the notice of this Court that the submission made by the learned counsel for the petitioner before the first appellate Court that he was satisfied if the cheque amount is paid by his adversary.

So, taking into consideration these circumstances, I am of the opinion that the compensation has to be enhanced reasonably and in the circumstances, I feel that another sum of Rs. 50,000-00 will have to be enhanced as compensation to the petitioner. Therefore, the revision petition is allowed in part. The fine amount is enhanced to Rs. 5,10,000-00, in default of payment of the fine, the respondent shall undergo imprisonment for one year. On deposit of the amount, an amount of Rs. 10,000-00 shall be credited to the State as fine and the petitioner is entitled to the remaining amount of Rs. 5,00,000-00. The deposit of Rs. 4,60,000-00 made by the respondent before the trial Court shall be paid to the petitioner and be deducted from the fine amount awarded.