- (1.)Rule. Rule made returnable forthwith. With the consent of the parties, the matter is heard finally at the admission stage.
(2.)Both these revisions arise from the judgment of the learned Judicial Magistrate First Class, Court No.6, Aurangabad, passed in S.C.C. No.1216 of 2017 dtd. 8/2/2019. The learned Magistrate convicted the accused under Sec. 138 of the Negotiable Instruments Act, sentenced him to suffer R.I. for one year, and was directed to pay the compensation of seven lacs. The complainant, as well as the accused, had impugned the said judgment before the learned Additional Sessions Judge, Aurangabad. The criminal appeal preferred by the complainant for enhancement of the compensation was registered as Criminal Appeal No.57 of 2019, and the appeal preferred by the accused was registered as Criminal Appeal No.37 of 2019. Both appeals were decided on 13/6/2022.
(3.)The learned Additional Sessions Judge was pleased to reduce the corporal sentence from one year to nine months. However, he denied the prayer of the complainant to enhance the compensation. Hence, the complainant and the accused are before the Court under Sec. 397 r/w 401 of the Criminal Procedure Code.