Case Law Details
Indranil Mukherjee Vs State of West Bengal And Others (Calcutta High Court)
The Calcutta High Court held that in case of death of an accused the compensation awarded under Section 138 of the Negotiable Instruments Act, 1881 can be recovered from the estate of a deceased accused, but an interim compensation awarded under Section 143A of the said Act cannot be recovered from the estate of a deceased accused, who died before the conclusion of the trial.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
This revisional application has been preferred against an order dated April 3, 2021, passed by the learned Metropolitan Magistrate, 20th Court, Calcutta in CS-6964 of 2019. By the order impugned the learned Magistrate dismissed an application filed under Section 421 of the Code of Criminal Procedure, 1973, seeking recovery of the interim compensation awarded to the petitioner by an order dated March 4, 2020.
2. The relevant facts, which are not disputed by either of the parties before this Court, are as follows.
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