Emperor vs Ramchandra Bapuji Deshmukh

Norman Macleod, C.J.—The accused was convicted of an offence punishable u/s 420, Indian Penal Code, and sentenced by the Magistrate to four months'' rigorous imprisonment and a time of Rs. 100. The accused had dishonestly induced the complainant to part with her ornaments, and these were pledged with a person called Dalichand. The Magistrate directed that out of the fine, if recovered, Rs. 35 should be paid as compensation to Dalichand u/s 545, Criminal Procedure Code. But that section only enables the Magistrate to direct that the whole or any part of the fine, if recovered, should be applied in compensation for the injury caused by the offence committed. The offence committed was cheating, and no injury was caused to Dalichand by the cheating. We think, therefore, that the District Magistrate was right in asking this Court to revise the order passed by the trying Magistrate u/s 545, Criminal Procedure Code, and the order must be set aside, and if any Compensation has been paid to Dalichand, it must be refunded.