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CR.RA/389/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 389 of 2010
=========================================================
VIPUL
CHHABILBHAI PIPALIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NISHITH P THAKKAR for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 09/08/2010
ORAL
ORDER
Petitioner
is the original accused. He was convicted for offence under section
138 of the Negotiable Instruments Act by the learned Magistrate and
was sentenced to simple imprisonment for four months and fine of
Rs.500/-.
Original
complainant challenged the said decision before the learned
Magistrate in a revision application since no compensation was
awarded. The learned Additional Sessions Judgment by the judgment
and order dated 17.6.2010 directed the petitioner, original-accused,
to pay Rs.88,000/-, the cheque amount, by way of compensation. It
is this order which the petitioner challenged in this petition.
Having
heard the learned advocates for the parties, I see no illegality in
the order passed by the learned Additional Sessions Judge. The
petitioner was convicted for cheque bouncing case. Though the
learned Magistrate awarded sentence, did not grant compensation.
This was corrected by the learned Additional Sessions Judge by the
impugned order.
Counsel
for the petitioner, however, submitted that there cannot be a
direction for both, payment of fine as well as compensation. To the
extent the courts below imposed fine of Rs.500/- on the petitioner,
the same shall stand deleted.
Subject
to the above observations, the petition is dismissed.
Direct
service.
(Akil
Kureshi, J.)
(vjn)
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