KUMARAN versus STATE OF KERALA & ANR.
Compensation ordered under Section 357(3) Cr.P.C. for an offence under Section 138 of the Negotiable Instruments Act remains legally recoverable even after the default jail sentence has been undergone, by virtue of Section 431 Cr.P.C. (deeming fiction) read with Section 421 Cr.P.C., Section 64, and Section 70 IPC, without necessity to record special reasons.
- Parties
- Appellant: Kumaran; Respondents: State of Kerala & Anr.
- Jurisdiction
- India
- Judgment Date
- 05 May 2017
- Procedural Posture
- Criminal Appeal / Appeal From High Court Judgment
- Outcome
- Appeals dismissed
- Legal Topics
- Section 138 Negotiable Instruments Act, Compensation, Recovery After Default Imprisonment, Legal Fiction Under Cr.p.c. S.431
Case Brief
Summary, issues, holding and outcome
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Parties
Kumaran
Appellant
State of Kerala & Anr.
Respondents
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether compensation ordered for an offence under Section 138 of the Negotiable Instruments Act and default jail sentence is suffered, is compensation still recoverable
Ratio Decidendi
Compensation ordered under Section 357(3) Cr.P.C. for an offence under Section 138 of the Negotiable Instruments Act remains legally recoverable even after the default jail sentence has been undergone, by virtue of Section 431 Cr.P.C. (deeming fiction) read with Section 421 Cr.P.C., Section 64, and Section 70 IPC, without necessity to record special reasons.
Court Disposition
Appeals dismissed
Orders
- Judgment of the Division Bench of the Kerala High Court dated 8 August 2012 upheld
- Compensation recoverable even after default sentence is undergone
Full Case Text
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