Cheque Bounce case: Compensation u/s 357(1)(b) of CrPC to be paid from fine forming part of sentence

Sanil James Vs State of Kerala (Kerala High Court)

Kerala High Court held that in an offence u/s. 138 of the Negotiable Instruments Act, when the Court imposes imprisonment and fine, fine forms part of the sentence hence the court has to order payment of compensation from the amount of fine as provided under Section 357(1)(b) of CrPC.

Facts-

This Revision Petition was filed challenging the conviction and sentence imposed against the revision petitioner in a case against him filed under Section 138 of the Negotiable Instruments Act.

It is alleged by the complainant that the accused borrowed Rs.3,50,000 from the complainant as loan and issued a cheque for the said sum with assurance of encashment. But when the cheque was presented for collection, the same was dishonoured for want of sufficient funds. Though legal notice intimating the dishonour and demanding the amount was issued and accepted by the accused, he did not pay the amount.

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