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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ACHAL KUMAR PALIWAL
Nanda Amrut Pirdurkar – Appellant
Versus
Prince Rajak – Respondent
| Table of Content |
|---|
| 1. overview of the execution proceedings and compensatory obligations. (Para 2 , 3) |
| 2. arguments against personal liability of legal representatives. (Para 4 , 5) |
| 3. clarification on compensation recovery from inherited property. (Para 6 , 7 , 9 , 10 , 11 , 15) |
| 4. reiterating that property of deceased can be liable for compensation. (Para 30 , 31 , 32) |
| 5. conclusion and ruling on the procedural correctness of warrant issuance. (Para 34 , 35) |
ORDER :
ACHAL KUMAR PALIWAL, J.
1.This M.Cr.C. has been filed under Section 482 of Cr.P.C. by the petitioners for setting aside the entire execution proceedings of MJCR No. 1008/2017 pending before JMFC, Jabalpur as well as to set aside arrest warrant issued against petitioners for recovery of Rs. 1,53,000/- dated 11.07.2022.
2. Brief facts relevant for disposal of present petition are that one Amrut Pirdurkar was convicted by the trial Court for offence under Section 138 of N.I. Act vide judgment dated 17.07.2014 passed in Criminal case No. 5362/2011 (Prince Rajak Vs. Amrut Pirdurkar) and sentenced under Section 138 of N.I. Act with simple imprisonment of 1 year and Amrut Pirdurkar was also directed to pay the compensation of Rs. 1,53
Legal representatives are not personally liable for compensation, but inherited property can be pursued for recovery post-abatement of appeal.
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.
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.
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....
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.
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
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