Compensation would be recoverable from accused even if imprisonment for default has taken place: SC

05 Jun 2017

Compensation would be recoverable from accused even if imprisonment for default has taken place: SC

 

When compensation is ordered as payable for an offence committed under section 138 of Negotiable Instrument Act, and in default thereof, a jail sentence is prescribed and undergone, compensation is still recoverable
SUPREME COURT OF INDIA,  Kumaran  v.  State of Kerala
?Section 138 of the Negotiable Instruments Act, 1881, read with sections 357, 421 and 431 of the Code of Criminal Procedure, 1973 - Dishonour of cheque for insufficiency of funds, etc. - Whether when compensation is ordered as payable for an offence committed under section 138 of 1881 Act, and in default thereof, a jail sentence is prescribed and undergone, compensation is still recoverable - Held, yes

 
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