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Revision of Compensation Order in S. Mukanchand Bothra v Rajiv Gandhi Memorial: NI Act, Summaries of Civil Law

An order from the madras high court regarding a revision petition filed by s.mukanchand bothra against the judgment of the fast track court iv in chennai, challenging the compensation ordered in a case under section 138 of the negotiable instruments act. The case involved respondents rajiv gandhi memorial educational charitable trust and three individuals. The petitioner argued that inadequate compensation was ordered, but the question of whether the proviso to section 372 cr.p.c. Applies in complaint cases is pending decision. Since appeals have been filed by the accused, the revision was disposed of with an observation that the appellate court could also consider the question of adequate compensation.

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Madras High Court
S.Mukanchand Bothra vs Rajiv Gandhi Memorial ... on 19 January, 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2016
CORAM:
THE HONOURABLE MR. JUSTICE C.T. SELVAM
Crl.R.C.No.551 of 2015
S.Mukanchand Bothra ... Petitioner
vs.
1.Rajiv Gandhi Memorial Educational
Charitable Trust,
Rep. By its trustees accused 2 to 8
36, Anjaneyar Koil Street,
Chennai  600 056.
2.R.Anbarasu
3.P.Mani
4.Mrs.A.Kamala ... Respondents
Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., to enhance the compensation as to double the cheque amount in the judgment passed by the learned Magistrate Fast Track Court IV, in C.C.11127 of 2006 dated 07.05.2015.
For Petitioner : Mr.S.Mukanchand Bothra
For Respondents : Mr.R.Vivekananthan
****
O R D E R
This revision is preferred by the complainant in a case tried for offence under Section 138 of the
Negotiable Instruments Act in C.C.No.11127 of 2006 on the file of Fast Track Court IV, George
Town, Chennai, challenging the judgment of learned Magistrate Fast Track Court IV, passed on
07.05.2015.
2. Respondents/accused along with five others faced trial for offence under Section 138 of the
Negotiable Instruments Act in C.C.No.11127 of 2006 on the file of Fast Track Court IV, George
Town, Chennai. A6 died pending trial. The trial Court, under judgment dated 07.05.2015, while
acquitting accused 5, 7 and 8, convicted accused 1 to 4. Since A1 is a trust, the trial Court sentenced
respondents 2 to 4/accused to 2 years S.I. as also directed payment of compensation in a sum of
Rs.25,20,000/- to the petitioner/complainant. Challenging such judgment, the petitioner/
complainant has filed the present revision.
S.Mukanchand Bothra vs Rajiv Gandhi Memorial ... on 19 January, 2016
Indian Kanoon - http://indiankanoon.org/doc/86049285/ 1
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Madras High Court

S.Mukanchand Bothra vs Rajiv Gandhi Memorial ... on 19 January, 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM

Crl.R.C.No.551 of 2015

S.Mukanchand Bothra ... Petitioner

vs.

1.Rajiv Gandhi Memorial Educational Charitable Trust, Rep. By its trustees accused 2 to 8 36, Anjaneyar Koil Street, Chennai  600 056.

2.R.Anbarasu 3.P.Mani 4.Mrs.A.Kamala ... Respondents

Criminal Revision Petition filed under Section 397 Cr.P.C.,r/w 401 to enhance the compensation

For Petitioner : Mr.S.Mukanchand Bothra

For Respondents : Mr.R.Vivekananthan


O R D E R

This revision is preferred by the complainant in a case tried for offence under Section 138 of the

Negotiable Instruments Act in C.C.No.11127 of 2006 on the file of Fast Track Court IV, George

Town, Chennai, challenging the judgment of learned Magistrate Fast Track Court IV, passed on

2. Respondents/accused along with five others faced trial for offence under Section 138 of the

Negotiable Instruments Act in C.C.No.11127 of 2006 on the file of Fast Track Court IV, George

Town, Chennai. A6 died pending trial. The trial Court, under judgment dated 07.05.2015, while

acquitting accused 5, 7 and 8, convicted accused 1 to 4. Since A1 is a trust, the trial Court sentenced

respondents 2 to 4/accused to 2 years S.I. as also directed payment of compensation in a sum of

Rs.25,20,000/- to the petitioner/complainant. Challenging such judgment, the petitioner/

complainant has filed the present revision.

S.Mukanchand Bothra vs Rajiv Gandhi Memorial ... on 19 January, 2016

Indian Kanoon - http://indiankanoon.org/doc/86049285/ 1

3. Heard petitioner and learned counsel for respondents.

4. The grievance of the petitioner/complainant is that inadequate compensation has been ordered to

be paid by the trial Court. The question of whether the proviso to Section 372 Cr.P.C. providing for

appeals by a victim would apply in a complaint case as distinct from cases arising out of a charge

sheet is pending decision of a Division Bench of this Court. The same, however, would not restrain

this Court from passing an order in the present case since it is represented by learned counsel for

respondents that as against the finding of conviction by the trial Court, appeals have been filed by

the accused, three of which have been taken on file while one is pending condonation of delay. When

the very finding of conviction is under challenge in appeals, it would be appropriate to dispose of

this revision with an observation that it will be open to the appellate Court also to consider the

question of adequate compensation, if it decides to concur with the finding of conviction arrived at

by the trial Court.

With the above observation, this Criminal Revision Petition is disposed of.

19.01.2016 Index: Yes/No Internet: Yes/No vsm C.T. SELVAM J., vsm To The Fast Track Court IV,

Chennai.

Crl.R.C.No.551 of 2015 19.01.

S.Mukanchand Bothra vs Rajiv Gandhi Memorial ... on 19 January, 2016

Indian Kanoon - http://indiankanoon.org/doc/86049285/ 2