Y VISHNU Vs. S VENKATESH

JUDGEMENT

(1.) This revision petition preferred by the complainant in C.C.No.29290/99 involves a question of law i.e., where fine has been imposed by the Trial Court for the offence punishable u/s.138 of N.I.Act and compensation has also been awarded in favour of the complainant, whether recovered amount has to be first applied for crediting the fine to the Govt., or for payment of compensation to the complainant.

(2.) The accused in that case (respondent before this Court) was convicted by the Trial Court for the offence punishable u/s.138 of N.I.Act and was sentenced to pay a fine of Rs.1,00,000.00 in default to undergo S.I. for one year. It was further directed that out of the said fine amount, an amount of Rs.55,000.00 be paid to the complainant as compensation. The conviction and sentence were confirmed in the appeal in Crl.A.No.164/01 and later by the High Court in order dated 10.6.04 passed in Crl.R.P. No.293/04. However, the accused was granted six weeks time from 10.6.04 to pay the fine, failing which to undergo the default sentence.

(3.) In the Trial Court, an amount of Rs.2,500.00 had been deposited on 20.3.01 and later on an amount of Rs.47,500.00 was deposited on 29.5.04. When the complainant/revision petitioner sought for payment of the said amount, the Trial Court holding that since out of the fine amount, an amount of Rs.45,060.00 was required to be credited to the Government towards fine, directed that unless full amount of fine was recovered, the complainant was not entitled to any amount. It is that order which has been challenged in the present revision petition.