High Court of Himachal Pradesh

Vijay Kumar Vs. Pankaj Sharma and Ors.

MANU/HP/1472/2018

10.10.2018

Limitation

Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances

In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on the allegations that, the cheque of Rs. 22,000 handed over by the Petitioner to the complainant in order to discharge his liability had been dishonoured. The complaint was decided in favour of the complainant by the learned trial Magistrate and the Petitioner was sentenced to undergo simple imprisonment for a period of one month and to pay a compensation of Rs. 33,000 to the complainant.

Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate, though the Petitioner preferred an appeal before the learned Additional Sessions Judge, however, the same came to be dismissed vide judgment, constraining the Petitioner to file the instant revision petition.

Learned counsel for the parties jointly stated that, the matter has been compromised between the parties as the Petitioner has deposited the entire compensation amount of Rs. 33,000 in the Court of learned Judicial Magistrate. Since, the Petitioner has already deposited not only the cheque amount of Rs. 22,000, but an additional amount of Rs. 11,000, totalling to Rs. 33,000 as compensation amount as directed by the learned trial Magistrate, therefore, the matter can be given quietus in terms of the judgment rendered by the Hon'ble Supreme Court in Priyanka Nagpal v. State (NCT of Delhi) and another and P. Ramadas v. State of Kerala and another, wherein it is clearly held that, waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances.

The impugned substantive sentence of simple imprisonment imposed in this case shall stand modified and substituted in lieu of the amount of compensation of Rs. 33,000 that stands already deposited in the trial Court. The trial Court is directed to release the entire compensation amount deposited in this case by the Petitioner directly to the bank accounts of Respondents No. 1(a) and 1(b), who are the legal representatives of original complainant, forthwith, as per procedure. The revision petition stands disposed off.

Relevant

Priyanka Nagpal v. State (NCT of Delhi) and another, MANU/SC/0051/2018
: (2018) 3 SCC 249 and P. Ramadas v. State of Kerala and another, MANU/SC/0145/2018
: (2018) 3 SCC 287

Tags : Liability Discharge Sentence Legality

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