R. MOHAN versus A.K. VIJAYA KUMAR

R. MOHAN versus A.K. VIJAYA KUMAR

A sentence of imprisonment can be imposed in default of payment of compensation ordered under s.357(3) CrPC, and the order passed by the Magistrate awarding such sentence was legal; compensation orders must have enforceable deterrence, and recovery by default imprisonment is permissible as with fines.

Parties
Accused: R. Mohan; Complainant: A.K. Vijaya Kumar
Jurisdiction
India
Judgment Date
03 July 2012
Procedural Posture
Criminal Appeal / Supreme Court Appeals From Madras High Court Judgment Dated 15.12.2011 in Crl. R.c. No. 2007 of 2004
Outcome
Appeal by accused dismissed; appeal by complainant allowed.
Legal Topics
Negotiable Instruments Dishonour of Cheque, Imposition and Recovery of Compensation, Sentencing in Default of Compensation, Enforcement of Compensation Orders, Cheque Bounce
Criminal Law Banking Law Negotiable Instruments Dishonour of Cheque Imposition and Recovery of Compensation Sentencing in Default of Compensation Enforcement of Compensation Orders Cheque Bounce

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Parties

R. Mohan

Accused

A.K. Vijaya Kumar

Complainant

Procedural Posture

Criminal Appeal / Supreme Court Appeals From Madras High Court Judgment Dated 15.12.2011 in Crl. R.c. No. 2007 of 2004

Legal Issues

  1. 1 Whether a court can award a sentence of imprisonment in default of payment of compensation under s.357(3) CrPC.
  2. 2 Whether the conviction of the accused under s.138 Negotiable Instruments Act and award of compensation was proper on facts.

Ratio Decidendi

A sentence of imprisonment can be imposed in default of payment of compensation ordered under s.357(3) CrPC, and the order passed by the Magistrate awarding such sentence was legal; compensation orders must have enforceable deterrence, and recovery by default imprisonment is permissible as with fines.

Court Disposition

Appeal by accused dismissed; appeal by complainant allowed.

Orders

  • The impugned order of the High Court to the extent it quashes the sentence in default of payment of compensation is set aside.
  • The Magistrate's order awarding two months' simple imprisonment in default of payment of compensation of Rs. 5 lakhs under Section 357(3) CrPC is restored.