High Court of Kerala allowed Criminal Misc. Case challenging Sessions Court order. Court directed fine amount to be paid as compensation to complainant under Section 357(1) Cr.P.C.
Ordered fine amount of Rs. 1,85,000/- to be paid to petitioner/complainant as compensation under Section 357(1) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930
Crl.MC.No. 1354 of 2008
------------------------C.C.NO. 186/2002 OF THE CHIEF JUDICILA MAGISTRATE,THIRUVANANTHAPURAM CRA.823/2005 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM ....................
PETITIONER: COMPLAINANT
K.SREEDHARAN NAIR, VILAPPURATHU VEEDU, PAPPANAMCODE, THIRUVANANTHAPURAM-18.
BY ADV. SRI.M.BALAGOVINDAN
RESPONDENTS: ACCUSED &STATE.
BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
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Crl.M.C.No.1354 of 2008
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Dated this the 1ST DAY OF APRIL, 2008
ORDER
The petitioner who is the complainant in C.C.No.186/2002 on the file of the Chief Judicial Magistrate, Thiruvananthapuram which was a prosecution under section 138 of the Negotiable Instruments Act,1881 challenges the operative portion of the judgment dated 25-6-2007 of the Additional Sessions Court(Fast Track-III), Thiruvananthapuram whereby the cheque amount of Rs.1,85,000/- has been directed to be paid as fine with a default sentence of six months imprisonment in addition the imprisonment till the rising of the court but without any direction to pay any amount as compensation to the complainant.
CRMC.1354/2008 -2-
amount by way of compensation, the petitioner/complainant is deprived of the cheque amount which ought to have been paid to him.
While confirming the sentence imposed by the lower appellate court, it is further ordered that the fine amount of Rs.1,85,000/- shall be paid to the petitioner/complainant as compensation under Section 357(1)Cr.P.C. This Crl.M.C.is disposed of accordingly.
V. RAMKUMAR, JUDGE
ks.
1 issue framed by the court
Whether the fine imposed under Section 138 of the Negotiable Instruments Act can be directed as compensation to the complainant under Section 357(1) Cr.P.C.
2 provisions across 2 enactments
Complainant
Accused
State
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
