HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. 216/2011 PETITIONER RESPONDENTS VERSUS 1. 2. Subhash Chandra, S/o Parasram Pradhan, aged about 67 years, R/o Sariya, Tahsil Sarangarh, District Raigarh (C.G.j. Suresh Kumar Chaini, S/o Prafull Kumar Chainl, aged about 42 years, R/o Sariya, Tahsil Sarangarh, District Raigarh (C.G.). The State of Chhattisgarh Through: - District Magistrate Raigarh (C.G.). PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Raghvendra Pradhan, Advocate with ShriAbhishek Sharma, Advocate for the petitioner. Shri Rakesh Jha, Dy. G.A. for the State/respondent No. 2. Respondent No. 1 not noticed. ORAL- ORDER (Passedon 20/04/2011) By this petition under Section 482 of the Code of Criminal Procedure, 1973, (in short 'the Code'j petitioner has challenged the legality and propriety of the order dated 14/2/2011 passed by Additional Sessions Judge, Sarangarh, District Raigarh (C.G.) in criminal revision No. 03/2010 filed against thejudgment ofconviction and order of sentence dated 27/11/2009 passed by Judicial Magistrate First Class, Sarangarh, District Raigarh (C.G.) in criminal case No. 824/2006, while convicting and sentencing the respondent No. 1 Judicial Magistrate First Class, Sarangarh, District Raigarh (C.G.) has not awarded compensation to petitioner/complainant and while dismissing the revision, revisional Court has also not awarded compensation to the petitioner. Shri Raghvendra Pradhan, Advocate with Shri Abhishek Sharma, Advocate for the petitioner and Shri Rakesh Jha, Dy. G.A. for the State/respondent No. 2 are heard. . As per Sections 357 (1) 8s 357 (3) of the Code, Court is competent to award compensation to the victim ofthecase and Court is also competent to award compensation twice to the amount of cheque under Section 138 of the Negotiable Instruments Act. Awardiri^ of compensation is a discretionaiy ''^'"%. fc --Z.' and not mandatory. While exercising the discretion and not awarding compensation to petitioner, while convicting and sentencing the respondent No. I under Section 138 of the Negotiable Instruments Act, both the Courts below have not committed any illegality Warranting any interference in exercise of extraordinary inherent jurisdiction. Consequently, petition is liable to be dismissed and is hereby dismissed. Sdl- T.P. Sharma Judge