Are the criminal Courts jurisdictionally competent to impose a sentence of imprisonment in default of a direction to pay compensation under Section 357(3), Cr.P.C.? What is the correct law on the point? Is the law declared in Harikrishnan and State of Haryana v. Sukhbir Singh1 reiterated unambiguously in Suganthi Suresh Kumar v. Jagdeeshan2 in anyway altered by the subsequent decision of the Supreme Court in Ettappadan Ahmmedkutty alias Kunhappu v. E.P. Abdullakoya alias Kunhi Bappu3? Will it now be lawful for the Magistrates to impose such a default sentence?

2. The question appears to be a vexing one and it appears that there is absolute confusion in the subordinate judiciary about the correct law that ought to be followed. I deem it my duty to help the subordinate judiciary to ascertain the ~w with clarity. Such confusion cannot be f)ermitted to continue. The question came up for consideration in many cases and all counsel who wanted to advance arguments were permitted to advance such arguments before me in this case on that aspect. All of them have been heard and permitted to assist this Court. Two young counsel for this Court, Sri Jawahar Jose and Sri. C.v. Manu Vilsan wer