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 Singh & others [AIR 1988 SC 2127] reiterated unambiguously in Suganthi Suresh Kumar v. Jagdeeshan [AIR 2002 SC 681], in any way altered by the subsequent decision of the Supreme Court in Ettappadan Ahammedkutty @ Kunhappu v. E.P.Abdullakoya @ Kunhi Bappu and Another 2008(1)KLT 851 SC? Will it now be lawful for the Magistrates to impose such a default sentence?

2. Thequestion 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 law with clarity. Such confusion cannot be permitted 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