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Is compensation ordered by the court recoverable, after imprisonment

23-Dec-2017 I got Judgment (7 years after complaint) which stated the following- Cheque 1 (31-Aug-2010) : "The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall... Read More

23-Dec-2017 I got Judgment (7 years after complaint) which stated the following- Cheque 1 (31-Aug-2010) : "The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate". Cheque 2 (30-May-2010) : "The accused is sentenced to pay fine of RS. 35,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.34,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate". Questions: 1. I did not file civil case/suit earlier (Actually, my lawyer cheated me he didn't tell me that we need to file civil case also. so i didn't file.) . Now after judgement (7 years after complaint filed), if convict decide to go prison/Jail. then how can i recover my compensation amount? any way? Is it possible to put case (after he came out of jail) on his ancestral property/asset (against his share) to recover from his share?
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326
Team Legistify

Team Legistify

  • Answered on 02:23 PM, 28 Sep 18

In order to recover after inprisonment please consult a lawyer as he can understand your scenerio better.But the order of the high court was assailed before the apex court on the ground that compensation under Section 357(3) would be covered by the proviso if the accused has undergone the default sentence awarded and special reasons in writing would have to be recorded before action under Section 421 can be initiated.
The court observed that the objective of the legal fiction created by Section 431 is to extend for the purpose of recovery of compensation until such recovery is completed – and this would not only include Section 421 of the CrPC, but also Section 70 of the Indian Penal Code.
Kerala High Court decision that had approved the order of magistrate by invoking Section 421 CrPC issuing a distress warrant against the accused for realising compensation ordered in a cheque bounce case but for different reasoning.

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326
Advocate Sandeep Naik

Advocate Sandeep Naik

  • Rajendra Nagar, Indore
  • 7+ Years Of Exprience
  • Answered on 02:23 PM, 28 Sep 18
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First of all, you don't need to file a civil case/suit to recover the compensation amount. And, your Lawyer didn't cheat you.

For recovering compensation amount, you should apply under Section 421 of CrPC to the Magistrate, who has passed the sentence against the accused, for issuing a warrant to the Collector of the district authorizing him to realize the amount from the movable or immovable of the convict.

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