K.A. ABBAS versus SABU JOSEPH & ANR.

Imposition of a sentence of imprisonment for default in payment of compensation awarded under s.357(3) CrPC is permissible; compensation is recoverable as fine, and imprisonment can be awarded for default. High Court's direction to pay Rs.4 lakhs was in error due to already deposited Rs.2 lakhs; accused required to deposit only Rs.3 lakhs towards compensation.

Parties: Appellant: K.A. Abbas; Respondent: Sabu Joseph; Respondent: Sabu Joseph & Anr.
Jurisdiction: India
Judgment Date: 11 May 2010
Procedural Posture: Criminal Appeal / Appeal From High Court Judgment and Revision Order
Outcome: Appeal of accused partly allowed, appeal of complainant dismissed.
Legal Topics: Sentencing, Compensation, Recovery of Compensation, Negotiable Instruments Act S.138, Criminal Procedure Code S.357(3), Imprisonment for Default

Criminal Law Sentencing Compensation Recovery of Compensation Negotiable Instruments Act S.138 Criminal Procedure Code S.357(3) Imprisonment for Default

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Full judgment text Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3

Parties

K.A. Abbas

Appellant

Sabu Joseph

Respondent

Sabu Joseph & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment and Revision Order

Legal Issues

1 Whether sentence of imprisonment can be imposed for default in payment of compensation under s.357(3) CrPC
2 Scope and purpose of s.357(3) CrPC power to order compensation
3 Quantum and mode of payment of compensation in cheque dishonour cases

Ratio Decidendi

Court Disposition

Appeal of accused partly allowed, appeal of complainant dismissed.

Orders

Accused is required to pay Rs.3 lakhs towards balance compensation; quantum of sentence imposed affirmed; no enhancement warranted.