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HIGH COURT OF ANDHRA PRADESH
Gollavilli Borraiah – Appellant
Versus
The State of A.P. – Respondent
| Table of Content |
|---|
| 1. overview of charges and sentencing (Para 1 , 2) |
| 2. discussion on legal application of sections 357(1) and 357(3) cr.p.c. (Para 12 , 13) |
| 3. clarification of legal distinction in compensation applications (Para 15 , 16) |
| 4. final order and directions for reconsideration (Para 17 , 18) |
ORDER:
Heard Sri N.Siva Reddy, learned counsel for the petitioners/A-1 to A-4. Learned Assistant Public Prosecutor takes notice for the State.
2. Sri N.Siva Reddy, learned counsel for the petitioners would submit that the petitioners/A-1 to A-4 were found guilty for the offence U/s.447 r/w.34 IPC and sentenced to undergo simple imprisonment for a period of three months each, and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each, in default, to suffer simple imprisonment for one month each. Further, the petitioners/A-1 to A-4 found guilty for the offence U/s.427 r/w.34 IPC and sentenced to undergo simple imprisonment for a period of two (02) years each, and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) each, in default, to suffer simple imprisonment for two months each. Further, A-1 to A-4 are directed to pay compensation of Rs.1,00,000/- (Rupees one Lakh only) each to P.
Court emphasizes that compensation must utilize Section 357(1) of Cr.P.C. when fine forms part of the sentence, rejecting reliance on Section 357(3).
Compensation can be awarded only when fine does not form part of the sentence, and the power of the Magistrate to impose a fine exceeding Rs. 5,000/- is subject to the ceiling of twice the amount of ....
The modification of conditions for suspension of sentence highlights the principle that accused typically seek relief without conditions, and the court must determine applicability under exceptions.
Dishonour of cheque – Suspension of sentence – Appellate Court has discretion not to order deposit of 20% of amount under Section 148 of Negotiable Instruments Act in appropriate and exceptional case....
Appellate courts must recognize exceptional circumstances for modifying deposit conditions in suspension of sentence requests under Criminal Procedure.
(1) Victim compensation – Payment of victim compensation cannot be a consideration or a ground for reducing sentence imposed upon accused as victim compensation is not a punitive measure and only res....
The main legal point established in the judgment is that if the court permits payment of fine as compensation to the complainant directly, the accused can pay the entire fine as compensation directly....
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
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