Allowed

Francis T.Chacko v. Anna Magie and Others

Kerala HC23 Sept 2008Crl.MC/3432/2008

Case brief

AI extract

What is this about?

Addressed a grievance regarding non-execution of a sentence and recovery of compensation in an Section 138 case. Held that the court must expeditiously execute the sentence and recover compensation under Section 421 read with 431 of the Cr.P.C. without waiting for complainant's request.

What did the court decide?

Criminal Misc. Case allowed in part directing the learned Magistrate to take appropriate steps under Section 421 r/w 431 Cr.P.C. to recover the compensation amount expeditiously.

Francis T.Chacko Vs Anna Magie and Others — Writ and Judicial Review | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT

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TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930

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Crl.MC.No. 3432 of 2008()

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------------------------CC.2043/2001 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI ....................

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PETITIONER: COMPLAINANT

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FRANCIS T.CHACKO S/O.CHACKO, 47 YEARS R/AT.THENGUMMOOTTIL HOUSE CULLEN ROADN, ALAPPUZHA

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BY ADV. SRI.T.MADHU

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RESPONDENTS:ACCUSED & STATE

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ANNA MAGINE, PROPRIETRIX, AISHWARYA TYRES, BANERJI ROAD, ERNAKULAM.

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STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM.

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DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM, O/O.THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

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DISTRICT COLLECTOR, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.GIKKU JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.BASANT, J

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Crl.M.C. No.3432 of 2008

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Dated this the 23^rd day of September, 2008

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ORDER

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Petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. The accused was found guilty, convicted and sentenced as per judgment dated 24.03.2004. The grievance of the petitioner is that the sentence imposed is not being executed by the court below. Sufficient anxiety and interest for execution of the sentence have not been shown by the court and the police authorities, it was complained.

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Report of the learned Magistrate was called for. Initially a report dated 19.09.08 was submitted. Subsequently another report dated 20.09.08 has also been submitted. In the subsequent report it is made clear that the accused person has already been arrested on 20.09.08 and she has been sent to prison in execution of the sentence imposed.

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Crl.M.C. No.3432 of 2008 2

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Thus the grievance of the petitioner does not any more exist. But the learned counsel for the petitioner submits that there is a direction to pay an amount of Rs.2,50,000/- as compensation. Whether the petitioner undergoes the default sentence or not, that amount is liable to be recovered by taking appropriate steps under Section 421 r/w 431 Cr.P.C. The report of the learned Magistrate indicates that no steps have been taken to recover the compensation amount even now. There was a direction for payment of compensation and there was default in complying with the said direction.

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The learned Magistrate in the report dated 20.09.08 submits that the complainant may approach the court below for taking appropriate steps under Section 421 Cr.P.C.

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The accused having already been arrested and sent to prison in execution of the sentence imposed, it is not necessary for me to delve deeper into the causes for the delay in execution of the sentence. But I am unable to

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Crl.M.C. No.3432 of 2008 3

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agree with the stand taken by the learned Magistrate that to recover the compensation amount the complainant has to take necessary steps. Sentence is imposed by the court and the direction for payment of compensation issued by the court must be executed by the court without waiting for any further steps or request on the part of the complainant. Appropriate steps under Section 421 r/w 431 Cr.P.C must be taken by the learned Magistrate expeditiously to ensure that the direction for payment of compensation is also complied with. Compliance shall be reported to this Court after effecting recovery.

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This Crl.M.C is, in these circumstances, allowed in part, to the above extent.

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(R.BASANT, JUDGE)

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rtr/-

Francis T.Chacko v. Anna Magie and Others

Case brief

What is this about?

What did the court decide?

Francis T.Chacko v. Anna Magie and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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