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R.BASANT
K. S. Saji Kumar – Appellant
Versus
K. Soman Pillai – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. D. Kishore, Advocate.
For the Respondent: Mr. K. Ravikumar, PP.

ORDER

R. Basant, J.— If a default sentence imposed is undergone, does that extinguish the liability to pay compensation ordered to be paid under Section 357(3), CrPC? Are efforts to recover the amount liable to be continued under the proviso to Section 421, CrPC even after the accused undergoes the default sentence? There are the interesting questions that arise in this Revision Petition which arises from a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act. The sentence imposed by the Trial Court was modified by the Appellate Court is that a default sentence was imposed if the compensation amount were not paid.

2. There is no challenge against verdict of guilty and conviction. In these circumstances it is unnecessary for me to advert in detail to the relevant facts. Suffice it to say that I am satisfied that the verdict of guilt and conviction are absolutely justified and unexcep-tionable.

3. The cheque is for an amount of Rs. 4,74,145.50. The Trial Court imposed a sentence of simple imprisonment for a period of 6 months. There was a further direction to pay an amount Rs. 4,75,140 (only the actual cheque amount) as compensation.




































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