SANKARA NARAYANAN @ MURALI v. RAMACHANDRAN T.K
Case at a glance
Outcome
Disposed of
The writ petition is disposed of accordingly
Provisions considered
- Code of Criminal Procedure, 1973 s. 357(3)
Key paragraphs
- Para 33. So far as the other prayer it is always to be stated that a person cannot be doubly benefited by virtue of an order under Section 357(3) Cr.P.C. as well as of a civilCourt decree. The amount due to him with necessary interest when…
Judgment
M.N. KRISHNAN, J.= = = = = = = = = = = = = = W.P.C. NO. 7047 OF 2008= = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N TThis writ petition is filed with a prayer to set asideExt.P2. Ext.P2 is the sale proclamation whereby the property of the writ petitioner is directed to be sold on 29.2.2008. Inan earlier proceedings for the discharge of the decree debt the writ petitioner issued a cheque which was dishonoured that resulted in 138 proceedings and on 8.2.2008 the criminal Court has awarded simple imprisonment for two months and to pay an amount of Rs.1,00,000/- as compensation under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for two months.
Now, the writ petitioner is prepared to deposit the entire decree amount provided some time is given. It is submitted that he can deposit Rs.1,00,000/- tomorrow itself and thereafter the balance within another four weeks. Therequest is reasonable and therefore I direct the Court below W.P.C 7047 OF 2008-:2:-to adjourn the sale posted for tomorrow by one month on condition that the writ petitioner pays an amount ofRs.1,00,000/- tomorrow.
Operative part
So far as the other prayer it is always to be stated that a person cannot be doubly benefited by virtue of an order under Section 357(3) Cr.P.C. as well as of a civilCourt decree. The amount due to him with necessary interest when is recovered certainly it is a point that has tobe taken note of by the Court while granting the compensation under Section 357(3) Cr.P.C. I am informed that an appeal is filed before the appellate court as Crl. Appeal 134/08 and it is pending consideration. The writ petitioner is at liberty to point out these factors before the appellate court so far as the amount regarding under Section357(3) Cr.P.C. is concerned. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE.ul/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 357(3).
Which court decided this case, and when?
Kerala High Court, on 28 Feb 2008. The bench was M N KRISHNAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.