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AJAY KUMAR GUPTA
Krishna and Associates Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction and sentence details (Para 1) |
| 2. appeal filed against conviction (Para 2) |
| 3. affirmation of judgment (Para 3 , 4 , 5) |
| 4. death of petitioner no. 3 (Para 6 , 7 , 8) |
| 5. legal heirs liable for compensation (Para 9 , 11) |
| 6. no provision for substitution (Para 10) |
| 7. questions arising before the court (Para 12 , 13 , 14 , 15 , 16) |
| 8. compensation treated similarly to fine (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 9. cran 11 of 2024 allowed (Para 24 , 25) |
JUDGMENT :
1. Learned Metropolitan Magistrate, 11th Court, Calcutta upon completion of trial of a Complaint Case No. C-927/96 under Sections 138/141 of the Negotiable Instruments Act, 1881, finally decided and found guilty of the offences as complained of whereby convicted and sentenced the petitioner nos. 2 and 3 to suffer imprisonment for six months each and to pay a compensation of Rs. 12,00,000/- to the applicant/complainant.
3. After admission of appeal, the matter was finally heard on 06.12.2021. The Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta was pleased to affirm the judgment of the Learned Magistrate thereby directing that in addition to suffer imprisonment so affirmed by
Legal heirs of a deceased convict are liable for compensation awarded in criminal cases, and appeals do not abate upon the death of the accused regarding compensation.
Dishonour of cheque – Fine and compensation seeks to achieve same purpose.
Legal heirs of a convicted individual can be held liable for compensation awarded, even after the original accused's appeal is abated, under Sections 421 and 431 of the Cr.P.C.
Legal representatives are not personally liable for compensation, but inherited property can be pursued for recovery post-abatement of appeal.
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....
The death of an accused in a criminal revision case abates the sentence of imprisonment but does not affect the enforcement of ordered compensation, highlighting the distinct treatments of punishment....
Compensation under Section 357(3) of CrPC must be reasonable and not exceed the actual loss suffered, aligning with the cheque amount in dishonor cases.
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