query about compensation
A.P.Rajagopal
(Querist) 20 January 2011
This query is : Resolved
sir ,
when a criminal complaint is filed in magistrate court under sec 138 of ni act for penal punishment, what is the section for praying compensation of the bounced amount along with.
tks
apr
Parveen Kr. Aggarwal
(Expert) 20 January 2011
Section 357 of the Code of Criminal Procedure, 1973.
"357. Order to pay compensation:- (1) When a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the court may, when passing judgment order the whole or any part of the fine recovered to be applied-
(a) In defraying the expenses properly incurred in the prosecution,
(b) In the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion, of the court, recoverable by such person in a Civil Court;
(c) When, any person is convicted of any offence for having caused the death of another person or of having abetted the commission of shelf all offence, in paying in, compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855) entitled to recover damages from the person sentenced for the loss resulting to them from such death;
(d) When any person is convicted of any offence which includes theft, criminal, misappropriation, criminal breach of trust or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of stolen property knowing or having reason to believe the same to be stolen in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.
(2) If the fine is imposed in a case, which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal his elapsed, or if an, appeal be presented, before the decision of the appeal.
(3) When a court imposes a sentence, of which fine does not form a part, the court may, when passing judgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury reason of the act for which the accused person his been so sentenced.
(4) An order under this section may also be made by all Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section."
R.Ramachandran
(Expert) 21 January 2011
I am afraid, Sec. 357(1)(a)to(d) of Cr.PC would not have any application in regard Sec. 138 N.I. Act case - since none of the ingredients in 357(1)(a) to (d) apply to Sec. 138 N.I.Act at all.
Advocate Bhartesh goyal
(Expert) 22 January 2011
You may pray for compensation in cheque bouncing case U/S 357{3} of Cr.P.C.
Advocate. Arunagiri
(Expert) 22 January 2011
357 (3) will alone work out with 138 case for getting the compensation (ie) the cheque value or twice.
Shyam Ji Srivastava
(Expert) 22 January 2011
AmGREED WITH THE VIEWS OF OUT LEARNED FRIEND MR. RAMACHNADRAN, MR. GOYAL AND ARUNAGIRI.
Parveen Kr. Aggarwal
(Expert) 22 January 2011
Mr. R. Ramachandran,
Who has stated that only cluses (a) to (d) of sub-section (1) of Section 357 applies and not the rest of the section.
Anyhow why clauses (a) and (b) of sub-section (1) of Section 357 are not applicable?
