Supreme Court · 2017 INSC 447 · Decided 5 May 2017
Kumaran v. State of Kerala & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 447 · [2017] 3 S.C.R. 962
- Case number
- CRIMINAL APPEAL No. 896/2017
- Decided
- 5 May 2017
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 70, 53, 64, 421(1); CrPC Section 431, 386, 421; NI Act Section 138
Headnote
Code of Criminal Procedure, 1973 - s.431 - Compensation - When compensation is ordered as payable for an offence committed C i1/s.J38 of the Negotiable Instruments Act, and in default thereof. a jail sentence is prescribed and is undergone, whether compensation is still recoverable - Held: The until its object is accomplished - The object of the legal fiction created by s.431 is to extend for the purpose of recovery of compensation until such recovery is completed and this D would necessarily include not only s.421 of the C1:P.C. but also s. 70 of the Penal Code, a companion criminal
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