K.v.Joy v. M.J. Titus
Case brief
What is this about?
The High Court allowed the criminal miscellaneous petition filed by a convicted appellant in a cheque bounce case. The court held that if the petitioner proves compensation was paid, the default sentence cannot be executed, though the substantive sentence must be served. The order dismissed the petition with a direction for the petitioner to satisfy the Magistrate of payment before appears.
What did the court decide?
The petition was dismissed; the petitioner was directed to appear before the Magistrate with proof of payment to ensure the default sentence is not executed.