The Hindu : Tamil Nadu / Chennai News : Court orders warrant to Collector

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Monday, Apr 14, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Court orders warrant to Collector

Special Correspondent

CHENNAI: The Madras High Court has directed the Registry to issue a warrant to the Chennai Collector in Form 44 for recovering compensation awarded in a court order.

Justice M. Jeyapaul was allowing a petition seeking a direction to the Collector for taking appropriate action to recover a compensation awarded from out of the property of an accused on Akbar Sahib Street, Triplicane, under section 421 Cr.P.C. (Warrant for levy of fine).

R. Sridhar of Triplicane submitted that he had filed a private complaint before IX Metropolitan Magistrate, Chennai, against T.K. Rajendra Sha for an offence under section 138 of the Negotiable Instruments Act for a cheque amount of Rs.21 lakh.

The Magistrate sentenced Mr. Sha to two years rigorous imprisonment and directed him to pay compensation of Rs.42 lakh (twice the cheque amount).

The accused filed an appeal against the judgment. The V Additional Sessions Judge, Chennai, reversed the judgment and acquitted the accused on a technical ground.

Against the order of the Sessions Judge, the petitioner filed an appeal in the High Court and in November last year, the court directed the accused to pay Rs.21 lakh as compensation to Mr. Sridhar, apart from the sentence of remaining in court till it rose.

The Judge made it clear that in the event of default of payment, it was open to the appellant to take steps to recover the amount as contemplated under section 421 Cr.P.C.

The petitioner stated that the accused had not paid the amount yet.

Mr. Justice Jeyapaul said as per section 431 Cr.P.C, any money other than a fine payable by virtue of any order made under the Cr.P.C shall be recoverable as if it were a fine. Section 421 contemplated issue of warrant to recover the fine amount.

Therefore, a conjoint reading of both the sections would go to show that the compensation awarded by the High Court was to be recovered construing it as fine by issuing warrant to the Collector.

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