P. SURESH KUMAR versus R. SHANKER

P. SURESH KUMAR versus R. SHANKER

Grant of compensation under Section 357 Cr.P.C. in lieu of fine is valid even if respondent admitted liability. Since respondent has not been charged with fraudulent action and the appellate courts affirmed the conviction and compensation, the interest of justice is served by directing payment of compensation instead of fine. Section 377 Cr.P.C. does not apply as respondent did not appeal for enhancement, and findings on liability require no interference.

Parties
Appellant: P. Suresh Kumar; Respondent: R. Shankar
Jurisdiction
India
Judgment Date
08 March 2007
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Decision
Outcome
appeal disposed of
Legal Topics
Dishonour of Cheque, Compensation, Fine, Partnership Dispute
Criminal Law Commercial Law Dishonour of Cheque Compensation Fine Partnership Dispute

Case Brief

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Parties

P. Suresh Kumar

Appellant

R. Shankar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Scope and quantum of punishment under Section 138 of the Negotiable Instruments Act
  2. 2 Court's power to award compensation as distinct from fine under criminal law
  3. 3 Applicability of Section 377 Cr.P.C. in enhancement of sentence

Ratio Decidendi

Grant of compensation under Section 357 Cr.P.C. in lieu of fine is valid even if respondent admitted liability. Since respondent has not been charged with fraudulent action and the appellate courts affirmed the conviction and compensation, the interest of justice is served by directing payment of compensation instead of fine. Section 377 Cr.P.C. does not apply as respondent did not appeal for enhancement, and findings on liability require no interference.

Court Disposition

appeal disposed of

Orders

  • Respondent directed to pay compensation of Rs. 7,00,000/- within eight weeks, if not already deposited. If not paid, steps may be taken for recovery in accordance with law.