CiteTEXT
...Prosecutor drew the attention of this Court to Section 357(5) of Criminal Procedure Code which is as follows :
"At the time of aw...
4.The State of Tamil Nadu Represented by its Secretary, The District Legal Services Authority, District Court Buildings,
Virudhunagar.
5.Th...been registered as FIR in Crime No.17 of 2020 under Sections 417, 109 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
3...
...regard to all relevant factors including the one referred to in sub-section (5) of Section 357 of the Code of Criminal Procedure;...S.B Sinha, J.— Leave granted.2. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 (“the Code”, for...way of the criminal court ordering compensation under Section 357 of the Code of Criminal Procedure.”43. It does not appeal...
...the propriety of imposition of fine when there is also a judgment and decree for recovery of the amount.
3. Sub-section (5) of Section 357 ...Section 138 of the Negotiable Instruments Act, 1881. An appeal is filed and is pending. Incidentally, it is stated that there was a civil suit filed ...he has suffered in the civil proceedings. Therefore, there is no infirmity in civil and criminal proceedings being initiated in respect of the cheque which is in question. With that observation, the...
...Section 357-A of Criminal Procedure Code in accordance with Act 5 of 2009 came into effect on 3...Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus..., to direct the respondents to frame Victim Compensation Scheme in the State of Tamil Nadu exercising the powers under...
...rising of the Court and directed the applicant to pay a sum of Rs. 45,000/- by way of compensation to the Corporation as provided for under Section 357(3) of the Code of ...amount which has been deposited by the applicant has been received by the Corporation. Section 357(5) of the Code of Criminal Procedure provides that a...statute is that if proceedings are initiated simultaneous to the criminal proceedings for recovery of the amount due from the accused, the amount directed to be paid as compensation under Section 357(3) of...
...to pay a fine of Rs. 5 lakhs. The said amount was directed to be paid as compensation under Section 357(1) of the Code of Criminal Procedure ...with and the revision petitioner was directed to pay compensation of Rs. 5 lakhs to the complainant under Section 357(3) of the Code of Criminal ...Section 147 of the Negotiable Instruments Act. Consequently, the judgment in Criminal Appeal No. 272/2010 from the Court of Session...
...Sub-Section (5) of 357 of the Code of Criminal Procedure; (v) No unreasonable amount of compensation can be directed to be paid."
...this nature,
Sub-Section (2) of Section 357 of the Code of Criminal Procedure would be attracted even when Appellant was directed to pay com...initiated proceedings against the petitioner under Section 138 of the Negotiable Instruments Act, 1881. The trial...
...Sub-Section (5) of 357 of the Code of Criminal Procedure; v) No unreasonable amount of compensation can be directed...357 of the Code of Criminal Procedure, 1973 would be attracted even when Appellant was directed to pay compensation; ii) The Appellate Court, however, while suspending t.... 2007(2) RCR(Criminal) 636 by the Apex Court wherein it had been observed as under: i) In a case of this nature, Sub-Section (2) of section...
...appropriate action for the breach/default/violation of the above directions.12. Section 357-A came to be inserted in the Code of Criminal Procedure, 1973 b...and departments of public sector undertakings. We accept the statement made by the learned Solicitor General as noted above.5. Insofar as the States and Union...w.e.f 31-12-2009. Inter alia, this section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or his dependants who have suffered loss or injury as a...
...amount so received, the injured complainant will be paid compensation of Rs 2000 (Rupees two thousand only) under Section 357(1)(b) of the Code of Criminal Procedure, 1973 (herei...13-11-1998 by the Judicial Magistrate, First Class, Bhatkal for offences punishable under Sections 323, 325 and 504 of the Indian Penal Code (IPC) in Criminal Case No. 2488 of 1997. The accused pleaded...has committed an offence punishable under Section 325 IPC and had caused grievous injury to the complainant, they failed to consider the provisions of Section 360 of the Code which provide for grant...
...referred to in sub-section (5) of section 357 of the Code of Criminal Procedure. The learned JMFC had directed the petitioner herein ...convicted for the offence punishable under section 138 of the Negotiable Instruments Act, in SCC No...Criminal Appeal No. 12 of 2015 before the Sessions Court, Hingoli. The learned Appellate Court has suspended the substantive sentence imposed upon the petitioner by JMFC upon a condition that he shall...
...Laxmi v. Union of India (2014) 4 SCC 427, this Court observed thus:“12. ...Code of Criminal Procedure (CrPC), the convict pleaded for mercy on the foundation of his support to the old parents, the economic status, social strata to which he belongs and certain other factors. The...to pay a fine of Rs 1000 for the offence under Section 448 IPC with a default clause.6. The State preferred Criminal Appeal No. 1731 of 2007 under Section 377(1) CrPC before...
.... The Uttar Pradesh Victim Compensation Scheme, 2014 which has been formulated in exercise of powers under Section 357-A of the Code of Criminal Procedure,vide ...receipt of the recommendation of the court of the receipt of application under sub-section (4) of section 357-A of the Act in accordance with the provisions of ...application is made by any victim or his dependent under sub section (2) of section 357-A of the Act to the District Legal Services Authority, the District Legal Services Authority shall examine the case...
...person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.16. Another relevant provision is in sub-section (5) of ...recovered shall be liable to be adjusted in the decree of the Civil court as per the provisions of sub-section (5) of Section 357 of the Code ...imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973, shall be reduced by...
...the magistrates before whom such cases are filed hereafter will, before passing an order under Section 357 of the Code of Criminal Procedure, 1973 in favour ...proprietory firm of the deceased father of defendant No. 1. It was also not a suit within the scope and ambit of section 357(5) of the Criminal ...under section 357 of the Criminal Procedure Code. Therefore, the aforesaid compensation would have been taken int...
...Central Government. The new Section 357-A of the Code of Criminal Procedure has been inserted after Section 357 in the 1973 ...Section 357-A of the Code of Criminal Procedure.2. Notices were issued to the respondents and in compliance therewith, a counter affidavit has be...from rupees one crore to rupees two crores by a Government Order. It is further submitted that in conformity with the aforesaid amendment and the insertion of Section 357-A in the Code, a draft scheme...
...amount of compensation must be a reasonable sum;iv) The Court, while fixing such amount, must have regard to all relevant factors including the one referred to in Sub-Section (5) of 357 ...Trial Judge has invoked both Sub-sections (1) and (3) of Section 357 of the Code. The liability of the appellant herein was a vicarious one in terms of...the Code of Criminal Procedure would be attracted even when Appellant was directed to pay compensation;ii) The Appellate Court, however, while suspending the sentence, was...
...must be a reasonable sum;(iv) The Court, while fixing such amount, must have regard to all relevant factors including the one referred to in sub-section (5) of 357 of the Code ...relevant factors including one referred to in sub-section (5) of Section 357 of the Code of Criminal Procedure. Consequently, no unre...) against the respondent (original complainant), under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure,...
...' simple imprisonment and to pay compensation of Rs 5 lakhs to the complainant under Section 357(3) of the Code of Criminal Procedure (for short “the Code”), in...of compensation of Rs 5 lakhs under Section 357(3) of the Code.33. We grant two months' time to the accused to pay the said amount of compensation...a sentence in default of payment of compensation.17. Under Section 357 of the Code the court can pass order to pay compensation. Sub-section (1) of ...
...including the one referred to in Sub-Section (5) of 357 of the Code of Criminal Procedure;v) No unreasonable amount of compensation can be direc...) of Section 357 of the Code of Criminal Procedure would be attracted even when Appellant was directed to pay compensation;ii) The Appellate Court, howeve..., the learned Trial Judge has invoked both Sub-sections (1) and (3) of Section 357 of the Code. The liability of the appellant herein was a vicarious one in terms ...