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jamil (lawyer)     30 June 2017

After compromise accused accquited and now is not paying

In criminal case U/S 489/F,420, 506/34,  accused  compromise with complainant  and promise to pay the amount  and executed Promissory  Note. On application U/S  345(6) filed / Signed by councils of both the parties , Honourable Court acquitted  and released  the accused on the bases of compromise.  Now accused is not ready to  pay the amount. What can I do to recover the amount or to continue the criminal case . Please Help. I will ever remain great full.



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 12 Replies

Raveena Kataria (Advocate )     30 June 2017

There's no specific provision which enables the court to sentence a person who commits breach of the order of payment of compensation.

However, please note, section 431 of the CrPC lays down: "Money ordered to be paid recoverable as a fine."

"Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine."

Moreover, Section 64 of the Indian Penal Code lays down: "Sentence of imprisonment for non-payment of fine."

"In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.”

Report the matter to the police, or a magistrate of your local jurisdiction.

1 Like

jamil (lawyer)     30 June 2017

Thanks Raveena Kataria.

There is no order of Magistrate to pay the amount to complainent. Magistrate has acquitted the accused on the bases of compromise U/S 345(6) CrPC. Now he is not ready to pay as per compromise submited in the court. How can we continue or reoper the criminal case. Pl Help.

Anjuru Chandra Sekhar (Advocate )     30 June 2017

Court wouldn't acquit unconditionally. It would have acquitted subject to condition of payment of amount of compromise, so you can file an application informing that amount of compensation is not paid, which will be taken up by Court.

Siddharth Srivastava (Advocate)     30 June 2017

Complicated query.Simply file contempt of court act if the term of settlement was recorded in court and the same also reflect in order or also file application in court and bring this fact to the knowledge court requesting the court to recall its order, court will issue notice to accused and reply shall be required to be filed by the accused. Your problem shall probably be solved.

Bespoke Legal (Advocate)     01 July 2017

As the acquittal was conditional you can file a complaint to the Magistrate u s 200 crpc and magistrate may issue process for the same charges again and the proceedings will revive.

Arjun Kohli   01 July 2017

Originally posted by : jamil
Now he is not ready to pay as per compromise submited in the court. How can we continue or reoper the criminal case. Pl Help.

In case it was not an order but an acquittal based on a compromise or settlement, the accused (or the acquitted) has flouted the terms of such settlement, on the basis of which such accused was acquitted in the first place. I suggest you move an applciation or a Complaint, preferably, before the said Magistrate, who shall then take cognizance of the same. However, since the accused was acquitted, I am not sure if the same proceedings can be revived against him and he could be tried. It could be possible, but the same can alternatively be appealed against, in a higher court, where the appeal can be contested as maintainable on the grounds of non-cooperation with the settlement terms by the accused, which was the sole basis of the acquittal ordered in the original decision.

jamil (lawyer)     01 July 2017

Respected Anjuru Chandra Sekhar.

Thanks for help. There is no condition in acquittal order. Simply Magistrate has acquitted on the basses of  Compromise application. however we have mentioned the compromise detail  i.e. execution of promissory note  in application under u/s 345 CrPC.

I need your help.

jamil (lawyer)     01 July 2017

Respected   Sidharth Srivastav, Thanks `for help.

 Magistrate has not recorded the term of Settlement in acquittal order.

I need your valuable guide lines to catch the accused.

I will ever remain grateful.

jamil (lawyer)     01 July 2017

Respected Baspoke, Thanks for help.

Acquittal order is not conditional. Magistrate has not recorded the term of Settlement in acquittal order.

I need your valuable guide lines to catch the accused.

I will ever remain grateful.

Siddharth Srivastava (Advocate)     01 July 2017

Pl sent the scanned copy of following documents:-

1. Settlement as arrived between you and the accused.

2. Copy of application filed by the parties for withdrawal of the case. 

3. Order of the court.

The documents should be in English. The documents are required to be examined in order to give any advice on the subject matter. My email:- sidhsri1967@gmail.com

Sidharth

 

 

P. Venu (Advocate)     02 July 2017

The facts posted are less than convincing.

Kumar Doab (FIN)     02 July 2017

In any case the acquittal is on basis of compromise and it is in knowledge of court.

 

 

 


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