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2018 (3) TMI 511

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..... sentence, the petitioner would remain liable to pay the compensation amount awarded by the Court while sentencing the petitioner. By merely undergoing the default sentence, the accused cannot claim discharge of the liability to pay the compensation amount - petition dismissed - decided against petitioner. - CRL.M.C. 1015/2018 - - - Dated:- 8-3-2018 - MR SANJEEV SACHDEVA J. Advocates who a .....

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..... 38 of the Negotiable Instrument Act. 3. By judgment dated 03.07.2014, the petitioner was acquitted of the said offence by the Court of Metropolitan Magistrate. In an appeal filed by the complainant/respondent No.2 before this Court, by a detailed judgment, dated 30.06.2015, the order of the learned Metropolitan Magistrate, acquitting the petitioner, was reversed and the petitioner was held g .....

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..... directing issuance of Warrants of Attachment for recovery of ₹ 11,50,000/-, further imposed cost of ₹ 50,000/-. By the impugned order dated 05.12.2017, the Revisional Court modified the order of the Trial Court insofar as additional cost of ₹ 50,000/- was imposed. However, noticing the judgment of the Supreme Court in Kumaran vs. State of Kerela: 2017(5) JT SC 368, the Revisi .....

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..... nner provided under Section 421(1). This would, however, be without the necessity for recording any special reasons. This is because Section 421(1) proviso contains the disjunctive or following the recommendation of the Law Commission, that the proviso to old Section 386(1) should not be a bar to the issue of a warrant for levy of fine, even when a sentence of imprisonment for default has been f .....

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