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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.
Supreme Court of India Cites 11 - Cited by 64 - Full Document
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