VIJAYAN versus SADANANDAN K. & ANR.

VIJAYAN versus SADANANDAN K. & ANR.

The Supreme Court affirmed that courts are empowered to impose a default sentence of imprisonment when compensation is awarded under Section 357(3) Cr.P.C., relying on Sections 357(3) and 431 Cr.P.C. read with Section 64 IPC. The law as stated in Hari Singh and Sugnathi Suresh Kumar is correct, and contrary precedent of the Kerala High Court is overruled.

Parties
Petitioner: Vijayan; Respondent No. 1: Sadanandan K.; Respondent No. 2: Unknown (Anr.)
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Special Leave Petition (criminal) / Supreme Court Determination on Appeal From High Court of Kerala
Outcome
Petition dismissed
Legal Topics
Compensation in Criminal Cases, Default Sentence for Non Payment, Interpretation of Code of Criminal Procedure, Negotiable Instruments Act Offences
Criminal Law Criminal Procedure Compensation in Criminal Cases Default Sentence for Non Payment Interpretation of Code of Criminal Procedure Negotiable Instruments Act Offences

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Parties

Vijayan

Petitioner

Sadanandan K.

Respondent No. 1

Unknown (Anr.)

Respondent No. 2

Procedural Posture

Special Leave Petition (criminal) / Supreme Court Determination on Appeal From High Court of Kerala

Legal Issues

  1. 1 Whether a default sentence can be imposed for non-payment of compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973

Ratio Decidendi

The Supreme Court affirmed that courts are empowered to impose a default sentence of imprisonment when compensation is awarded under Section 357(3) Cr.P.C., relying on Sections 357(3) and 431 Cr.P.C. read with Section 64 IPC. The law as stated in Hari Singh and Sugnathi Suresh Kumar is correct, and contrary precedent of the Kerala High Court is overruled.

Court Disposition

Petition dismissed

Orders

  • Dismissal of the Special Leave Petition.
  • Extension of time to deposit compensation by three months from the date of judgment.