In a revision concerning the suspension of sentence and compensation under Section 389 Cr.P.C., the court reduced the required deposit amount from 25,000 to 15,000, noting the petitioner's inability to pay the original sum.
Condition to deposit compensation reduced from Rs.25,000 to Rs.15,000 to be deposited within four weeks.
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.
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No:219 OF 2011
ORDER:
The petitioner was tried in C.C.No.571 of 2009 for the offence punishable under Sections 420 and 406 IPC by the learned VII Additional Chief Metropolitan Magistrate, Hyderabad, and by judgment dated 22.12.2010, the learned Magistrate held that the petitioner is found guilty for the offence under Section 420 IPC, and accordingly sentenced him to suffer rigorous imprisonment for one year and also to pay Rs.50,000/-to the complainant towards compensation. The said judgment was questioned by filing Crl.A.No.19 of 2011 and in the said appeal, the petitioner filed Crl.M.P.No.18 of 2011 under Section 389(1) Cr.P.C., for suspension of the sentence including the amount of compensation imposed by the trial Court. The lower appellate Court having considered the submissions of the learned Counsel for the petitioner, while allowing the said application and granting bail, however, directed the petitioner to deposit 50% of the compensation amount. The same is questioned in this revision.
Learned Counsel for the petitioner states that the petitioner is not in a position to pay the compensation amount as directed by the lower appellate Court.
In a case of this nature, when once the trial Court finds the accused guilty of the offence and awards some amount of compensation, the appellate Court or the revisional Court shall not automatically suspend the sentence with regard to compensation. But, it may reduce the said amount of compensation while imposing the condition.
In the instant case, the lower appellate Court taking the overall
circumstances, imposed the condition of depositing half of the compensation awarded to the complainant. The very filing of this revision speaks that the petitioner is not even in a position to deposit the said amount of Rs.25,000/-.
In the above circumstances, this revision case is allowed and the condition to deposit the compensation is reduced from 25,000/- to Rs.15,000/- and the said amount shall be deposited within a period of four weeks from today.
______________________________ Justice Gopala Krishna Tamada
Dated: 4.2.2011 Note: CC by Monday B/O Nn
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No:219 OF 2011
4.2.2011
2 issues framed by the court
Whether the condition of depositing half of the compensation amount will be made for the suspension of sentence.
Whether the amount of compensation to be deposited for suspension of sentence may be reduced.
3 provisions across 2 enactments
Petitioner
Complainant
Gopala Krishna Tamada
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
