Similarity in compensation and sentence u/s 138
Madhu Mittal
(Querist) 22 April 2023
This query is : Resolved
A loan has been given to a borrower. In Trial court, borrower was convicted u/s 138 N I Act, but complainant was not duly compensated and only default sentence was ordered, so complainant filed revision at Session Court, revision was dismissed. So complainant filed petition u/s 482 Crpc in High Court Rajasthan, Jaipur now borrower expired. Whether complainant can make a request to High Court to appoint Amis curie even remuneration of Amis curie can be borne by complainant and decided the petition for points raised under it for the similarity in decision about how to calculate compensation. As per complainant, compensation is face value of cheque amount + 18 per cent interest as per Section 80 and 117 of N I Act , interest to be compounded Quarterly as per Supreme Court 5 judges bench case named Central Bank of India Vs Ravindra and ors. decided On 18.10.2001 + prosecution cost of Rs. 500/- per hearing as per Jharkhand High court case named Smt. Pallavi vs Shri Raj Kamal Decided On: 05.12.2007 MANU/JH/0647/2007 or AIR2008Jhar79 as case is dragged by the accused. And a sentence of imprisonment must be awarded in between one year to two years, as one year sentence of imprisonment proved insufficient so it was raised upto two years by amendment in 2002.
T. Kalaiselvan, Advocate
(Expert) 25 April 2023
The court has already convicted the accused, but the complainant preferred an appeal against the order for not passing any order towards compensation, whereas the revision court has dismissed the same.Now it is not understood that on what grounds tht the complainant approached high court that too under section 482 cr.p.c.
If the accused is reported to have died during the pendency of appeal the appeal agaisnt the accused stands abated. The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence. Therefore, the criminal proceedings abate on the death of the accused, as their continuance thereafter will be infructuous and meaningless.
In such circumstances the petition under section 4482 as well as the pending appeal also are infructuous.
