KAUSHALYA DEVI MASSAND versus ROOPKISHORE KHORE

Citation: [2011] 3 S.C.R. 879 · Decided: 15-03-2011 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Case Partly allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2011) 3 S.C.R. 879 
KAUSHALYA DEVI MASSAND 
v. 
ROOPKISHORE KHORE 
·(Criminal Appeal No.723 of 2011) 
MARCH 15, 2011 
[ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.] 
NEGOTIABLE INSTRUMENTS ACT, 1881: 
\., 
' 
A 
B 
s.138 - Complaint of dishonour of cheques - Accused c 
sentenced by Magistrate to pay a fine bf Rs.4 lakh to 
·complainant - High Court enhancing the amount of fine by 
Rs. 2 lakh - Appeal by complainant contendi'ng for jail 
i sentence to the accused - Held: The gravity of a complaint 
under'the. Act cannot be equated with an offence under the 
D 
provisions .of the Penal Code or other .criminal offences '- An 
offence uls 138 of the Actis almost in the nature of a civil 
wrong which has been given criminal overtones -
The 
Magistrate, in his wisdom was of the view that imposition of a 
fine payable as compensation to the complainant was E 
sufficient to meet the ends of justice - Besides, after an 
interval of 14 years, the Court is not inclined to interfere with 
the order of the High Court impugned in the appeal, except 
to the extent of increasing the amount of compensation 
payable by a further sum of Rs.2 lakh. 
On a complaint by the appellant, for dishonour of 
cheques, the Magistrate sentenced the respondent to pay 
F 
a fine of Rs.4 lakh to the complainant as compensation. 
The High Court enhanced the fine by Rs. 2 lakh. The 
complainant flied the instant appeal through the power . G 
of attorney contending that because of the respondent 
the complainant, an old widowed lady, was subjected to 
harassment for 14 years. Therefore, a jail sentence be . 
awarded to the respondent· so that it would serve as a 
879 
H 
880 
SUPREME COURT REPORTS 
(2011) 3 S.C.R. 
A deterrent to others. On the other hand, It was submitted 
for the respondent that after an Interval of 14 years It 
would be unjust to sentence him to a jail term, especially 
when the initial liability of Rs.2 lakh had been increased 
to Rs.4 lakh by the Magistrate and to Rs.6 lakh by the 
B High Court. 
Partly allowing the appeal, the Court 
HELD: 1.1. The gravity of a complaint under the 
Negotiable Instruments Act, 1881 cannot be equated with 
C an offence under the provisions of the Penal Code 1860 
or other criminal offences. An offence u/s 138 of the Act, 
is almost in the nature of a civil wrong which has been 
given criminal overtones. The Magistrate, in his .wisdo111 
was of the view that imposition of a fine payaV3 as 
D compensation to the appellant was sufficient to meet the 
ends of justice in the instant case. Except having regard 
to the submission made that the appellant/ complainant, 
is a widowed lady of advanced age, there is no other , 
special circumstance which calls for interference with the 
E .order of the Magistrate, as confirmed by the High Court, 
with an increased fine. [para 9] [883-F-H] 
1.2. After an interval of 14 years, this Court is not 
inclined to interfere with the order of the High Court 
F impugned in the appeal, except to the extent of increasing 
the amount of compensation payable by a further sum of 
Rs.2 lakhs in addition to the sum of Rs.6 lakhs already 
directed to be paid by the respondent to the appellant. 
[para 9] [883-H; 884-A-B] 
G 
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal 
No. 723 of 2011. 
From the Judgment & Order dated 30.7.2009/14.9.2009 
of the High Court of Madhya Pradesh at Indore in Misc. Cr. 
H Case No. 1619 of 2008. 
KAUSHALYA DEVI MASSAND v. ROOPKISHORE 
881 
KHO RE 
· Power of Attorney holder (Air Marshal Harish Masand) for A 
the Petitioner-In-Person. 
Shakil Ahmed Syed, Shuaibuddin, S. Nadeem Aziz 
Taahaa for the Respondent. 
The Judgment of the Court was delivered by 
ALTAMAS KABIR, J. 1. Leave granted. 
2. On a complaint filed by the Appellant herein, Smt. 
B 
Kaushalya Devi Massand, the Respondent herein, c 
Roopkishore, was convicted by the Judicial Magistrate First 
Class, Indore (M.P.), under Section 138 of the Negotiable 
Instruments Act, 1881, in Criminal Case No.445 of 2000. 
Having regard to the fact that the Respondent had deposited 
a sum of Rs.3,50,000/-, as against the cheque amounting to 0 . 
Rs.2 lakhs, the learned Magistrate was of the view that sentence 
of fine only would suffice without awarding any jail sentence. 
The learned Magistrate, accordingly, sentenced the Respondent 
to pay a fine of Rs.4 lakhs which was to be paid to the Appellant 
· herein as compensation. However, the learned Magistrate also 
indicated that a sum of Rs.3,50,000/-. had alr

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