Legal Question in Criminal Law in India

withdraw amount pending revision and where record conviction

In a case u/s 138 NI Act dishonouring of six cheques of face value of Rs4750/- each totaling Rs. 29500/-, trial court convicted accused but at the point of punishment it was stated that is was the first offence of the accused, though the benefit of probation act is not given, yet he was sentenced with only fine of Rs. 35000/- and no sentence of imprisonment was given. Out of this, Rs. 34000/- is to be given to complainant as compensation after passing the time of appeal and revision. The accused deposited Rs. 35000/- in the court and no appeal is made by him. Now the decision is final against accused. But being unsatisfied due to inadequacy of compensation and no sentence is passed regarding imprisonment, the complainant filed the revision petition. Now either amount is increased or remained the same in revision order. Ist Question is, whether complainant can apply for withdrawal of the amount of compensation since decision is final against the accused if yes section and act. IInd question is where to file the decision of conviction of this private complaint, so that this accused can not say in any other matter, that it is his First offence.

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