Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Scope and purpose - To give complainant immediate relief so as to alleviate his grievance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Not ancillary to other sentences but is in addition thereto - Intended to do something to reassure victim that he or she is not forgotten in criminal justice system...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - If fine is not part of order of sentence, Court may order accused to pay compensation to victim...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Power to award compensation to the victim u/s 357 is not ancillary to sentence, but it is in addition thereto...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Courts to exercise its power u/s 357 of the Code liberally so as to meet the ends of justice in a better way...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Indian Penal Code, 1860, Section 308, 34, Criminal Procedure Code, 1973, Section 357 -- Conviction - Award of compensation - Injured received contusion, lacerated wound and abrasion on left face right eye-brow and right wrist and fracture in left jaw - Conviction by trial Court - Appeal thereagainst - Held, prayer for imprisonment for period already undergone allowed -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(5) -- Appeal against conviction - Suspension of sentence - Power of Court - Held, appellate Court may impose conditions while suspending sentence - Such power of imposing conditions is discretionary - There is no impediment to put applicant on terms, while suspending substantive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - If fine is imposed, it is to be adjusted to meet legally enforceable liability...........
Criminal Procedure Code, 1973, Section 357 -- Probation - Grant of - Petitioner/accused had neither pleaded benefit of probation at the time of arguments on sentence before trial Court nor before appellate Court - Held, plea as to grant of probation is to be taken at the earliest opportunity - Petitioner/accused failed to do so - Probation cannot be granted...........
