How to recover compensation amount?

rajan chopra (Querist) 17 June 2013 This query is : Resolved
An accused after being convicted and sentenced to undergo simple imprisonment for 6 months and to compensate complainant with cheque amount for ofence u/s 138 of NI act prefered imprisonment and did not pay any compensation amount.Now can complainant recover compensation amount as per law?

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Vidhi Joshi (Expert) 17 June 2013
No, as he is been punished for his deed no further penalty can be levied for same crime.

Rajendra K Goyal (Expert) 18 June 2013
Agreed with the expert, it can not be recovered.

Sudhir Kumar, Advocate (Expert) 18 June 2013
none can be punished twice.

Raj Kumar Makkad (Expert) 19 June 2013
I don't agree with the experts who expressed their views above.

Recently Madras High Court has held that the trial courts should also mention further period of imprisonment in case of making default of compensation in 138 NI Act Cases but if such punishment was not awarded, it is the duty of the appellate court to modify the judgment of the lower court to that extent. Madras High court provided double punishment for defaulting the payment to the accused person,

Moreover, the complainant has always right to recovery of the compensation as well as the amount of cheque by filing a separate civil suit within limitation.

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