Order 21

Order Details: COPY OF ORDER
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CC NI ACT 8708-2022 SONU Vs. PURAN CHAND
(Parliament Street)
Proceedings conducted through video conferencing via Cisco Webex App.
18.09.2024
Present : None for the complainant.
Convict in person with Sh.Saksham Anand, ld. counsel.
Order on Sentence
1. Arguments on the point of sentence were heard on LDOH.
2. Ld. Counsel for the complainant has sought for maximum punishment for the convict and double
the amount of cheque as compensation to the complainant. Ld. Counsel has relied on a judgment of
Hon’ble High Court of J&K&L in
Yasir Amin Khan v. Abdul Rashid Ganie 2021 SCC OnLine J&K 934
in support of his arguments.
3. Per contra, Ld. Counsel for convict has requested the court to consider the mitigating
circumstances in favour of the convict. He further submitted that he is the sole bread earner of his family
and is facing first time conviction in his life. That a lenient view be taken.
4. I have considered the submissions from both the sides. On the point of sentencing in S.138 NI
Act cases, Hon’ble Supreme Court in ‘R. Vijayan v. Baby & Anr.’ (2012 1 SCC 260) has held -
“18. ... As the provisions of Chapter XVII of the Act strongly lean
towards grant of reimbursement of the loss by way of compensation, the
courts should, unless there are special circumstances, in all cases of
conviction, uniformly exercise the power to levy fine upto twice the
cheque amount (keeping in view the cheque amount and the simple
interest thereon at 9% per annum as the reasonable quantum of loss)
and direct payment of such amount as compensation. ...”
5. Considering the circumstances of this case, nature of offence and also the conduct of the convict
during trial, this Court is of the considered opinion that interest of justice shall be met in this case by
sentencing the convict to pay fine equivalent to Rs.2,10,000/- (Rupees Two Lakhs only) along with
simple interest at the rate of 9% p.a. from the date of cheque (i.e. 16.06.2022) till date of judgment (i.e.
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03.08.2024), which shall be paid as compensation to the complainant under Section 357(1)(b) of Code of
Criminal Procedure, 1973, within 30 days from today, failing which the convict shall undergo Simple
Imprisonment of 3 months in default. The fine amount, if not paid in time, shall be recoverable under the
provisions of Section 421 r/w 431 Cr.P.C.
6. At this stage, an application u/s. 389(3) of Code of Criminal Procedure has been filed on behalf of
the convict for suspension of the sentence for a period of one month and for grant of bail to enable him to
file appeal against this order.
7. Heard. Perused.
8. Application under consideration is allowed. The aforesaid sentence is suspended for a period of
one month from today to enable the convict to file an appeal against the order and till then convict is
admitted on bail on personal bond of Rs. 30,000/- with surety of like amount furnished by the convicts u/s
437A Cr. P.C. Bail bond furnished and accepted till 18.10.2024.
Copy of this order be given to both the parties free of cost.
Announced in open court in
presence of both the parties.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 18.09.2024
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