Leave granted.
Heard learned counsel for the parties.
Appellant No.1 was convicted by the Trial Court under Section 138 of the
Negotiable Instruments Act, 1881 [hereinafter referred to as “the Act”] and sentenced
him to pay fine of Rs.40,000/-; in default, to undergo simple imprisonment for a
period of six months. The appeal preferred by the appellant No.1 was partly allowed
by Sessions Judge, Thrissur, who upheld the verdict of guilty and conviction of
appellant No.1 but set aside the sentence imposed on him and remanded the case to
the Trial Court to continue the proceedings and imposed an appropriate sentence and
an appropriate direction under Section 357(3) Cr.P.C. coupled with an appropriate
default sentence.
Appellant No.1 challenged the judgment of Sessions Judge, Thrissur in
Criminal Revision Petition No.316 of 2000.
Although, the complainant did not challenge the appellate judgment, by an order
dated 26.9.2007 the High Court imposed substantive sentence of one week on
appellant No.1 and directed him to pay compensation of Rs.40,000/-. Thereafter,
appellant No.1 and complainant jointly filed a petition, which was registered as Crl.
M.C. No.695 of 2008 for permission to compound the offence by stating that
complainant has already received the amount of compensation. The same was
dismissed by the High Court vide order dated 22.2.2008.
Admittedly, neither the complainant filed revision challenging the order of
the Trial Court nor the High Court issued any rule for enhancement of sentence in
the revision petition filed by appellant No.1. This being the position, the High Court
was not justified in enhancing the sentence and directing the appellant to suffer
imprisonment for a period of one week.
Accordingly, the appeals are allowed, order dated 3.3.2000, passed by the
Sessions Judge, Thrissur in Criminal Appeal No.404 of 1999 and orders dated
26.9.2007 and 22.2.2008 passed by the High Court in Criminal Revision Petition No.
316 of 2000 and Criminal M.C. No. 695 of 2008, are set aside.
[G.S. SINGHVI] New Delhi, March 27, 2009.