K S SAJI KUMAR Vs. K SOMAN PILLAI

JUDGEMENT

(1.) If a default sentence imposed is undergone, does that extinguish the liability to pay compensation ordered to be paid under Section 357 (3) Cr. P.C. ? Are efforts to recover the amount liable to be continued under the proviso to Section 421, Cr. P.C. even after the accused undergone the default sentence? These are the interesting questions that arise in this Revision Petition which arises from a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act. The sentence imposed by the trial Court was modified by the appellate Court in that a default sentence was imposed if the compensation amount were not paid.

(2.) There is no challenge against verdict of guilty and conviction. In these circumstances it is unnecessary for me to advert in detail to the relevant facts. Suffice it to say that I am satisfied that the verdict of guilty and conviction are absolutely justified and unexceptionable.

(3.) The cheque is for an amount of Rs. 4,74,145.50. The trial Court imposed a sentence of simple imprisonment for a period of 6 months. There was a further direction to pay an amount of Rs. 4,75,140/- (only the actual cheque amount) as compensation. The trial Court did not impose any default sentence.