R.Mohan vs A.K. Vijaya Kumar on 3 July, 2012
10. The learned senior counsel has pointed out that the Court
below went wrong while passing Rs.51 lakhs as compensation
in each complaint case and further subjected the revisionist to
default sentence in case of non-payment of the compensation.
The compensation does not keep the head of default. However,
according to the learned senior counsel, the Hon'ble Supreme
Court in the case of R. Mohan vs. A.K. Vijaya Kumar and A.K.
Vijaya Kumar vs. R. Mohan, reported at 2012 (8) SCC 721 on
this point has allowed the default sentence in case of failure/
non-payment of compensation amount by the accused person.
She has further drawn the attention of this Court to Section 219
of Cr.P.C. and contends that while putting the criminal law into
motion the liberty of the accused should be kept in mind.
According to her, under Section 219 of Cr.P.C., three offences
of the same kind can be charged together in one year indicating
that the order on sentence should be concurrent and not separate
in each complaint case. However, in the instant revision
petitions, there are 18 convictions and the cheques issued were
of the same date and pertaining to the same transaction and this
ipso facto is sufficient to reach to the conclusion that the
offence is one and the same and there are no distinct offences
committed by the revisionists to impose Section 138 read with
Section 141 of N.I. Act for different causes of actions.