Joymalya Bagchi, J. - (1.) The short question which falls for decision in this case is whether a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable or not.
(2.) The petitioner was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as N.I. Act) and sentenced to suffer imprisonment till the rising of the Court and directed to pay compensation to the tune of Rs. 4 lakhs within one month in default to suffer simple imprisonment for two years. Initially, the petitioner preferred a revision petition before the Additional Sessions Judge, Fast Track Court, Calcutta and thereafter made an application for converting such revision into an appeal on the premise that the imprisonment for two years prescribed in default of payment of compensation is appealable under Section 374(3) read with Section 376 of the Code of Criminal Procedure. Such prayer being turned down the petitioner is before this Court.
(3.) Learned advocate appearing on behalf of the petitioner has strenuously relied upon Mr. Kumar J. Sujan v. State of Maharashtra, 2013 (2) DCR 625 in support of his contention. On the other hand, learned lawyer for the opposite party no.2 submitted that Mr. Kumar J. Sujan (supra) does not lay down correct law as any direction for imprisonment in default of payment of fine or compensation cannot render the sentence appealable in view of proviso to Section 376 of the Code of Criminal Procedure. He strenuously argued that right of appeal is a creature of statute and cannot be inferred until and unless expressly provided therein. He relied on various authorities in support of his contention.;