Q. Who were the advocates involved in the case Ahammedkutty vs Abdullakoya?

For the Petitioner ----- For the Respondent -----

Q. What are the equivalent citations for Ahammedkutty vs Abdullakoya ?

The equivalence citation are(2009) 3 SCC CRI 302 ; LQ/SC/2007/970 ;

Q. What was the bench assigned for the case Ahammedkutty vs Abdullakoya?

HONBLE MR. JUSTICE S.B. SINHA, HONBLE MR. JUSTICE H.S. BEDI

Ahammedkutty Vs. Abdullakoya On 03 August, 2007

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Ahammedkutty v. Abdullakoya

(Supreme Court Of India)

Criminal Appeal No. 1013 Of 2007 | 03-08-2007

1. Leave granted.

2. Compensation can be directed to be paid both in terms of sub-section (1) of Section 357 of the Code of Criminal Procedure as also sub-section (3) thereof. However, while exercising jurisdiction under sub-section (3) of Section 357, no direction can be issued that in default to pay the amount of compensation, the accused shall suffer simple imprisonment. Such an order could have been passed only in terms of sub-section (1) of Section 357 Cr.P.C. If the compensation directed to be paid by the Court in exercise of its jurisdiction under sub-section (3) of 357, Cr.P.C. is not deposited, the same can be realized as fine in terms of Section 421 of the Code. We are, therefore, of the opinion that that part of the impugned order whereby and whereunder the appellant has been directed to undergo imprisonment for a period of one month, in the event of default to pay compensation under sub-section (3) of Section 357, is set aside. Rest of the order of the High Court is upheld.

3. The Appeal is disposed of with the aforementioned observations.

Advocate List

For the Petitioner ----- For the Respondent -----

Bench

HON'BLE MR. JUSTICE S.B. SINHA
HON'BLE MR. JUSTICE H.S. BEDI

Eq Citations

(2009) 3 SCC CRI 302
LQ/SC/2007/970

Head Note

A. Criminal Procedure Code, 1973 — Ss. 357(3) & (1) and 421 — Compensation under S. 357(3) — Default in payment of compensation — Consequence — Held, compensation can be directed to be paid both in terms of S. 357(1) and S. 357(3) CrPC — However, while exercising jurisdiction under S. 357(3) no direction can be issued that in default to pay the amount of compensation the accused shall suffer simple imprisonment — Such an order could have been passed only in terms of S. 357(1) CrPC — If the compensation directed to be paid by the Court in exercise of its jurisdiction under S. 357(3) CrPC is not deposited, the same can be realized as fine in terms of S. 421 CrPC — In the present case, the impugned order whereby and whereunder the appellant has been directed to undergo imprisonment for a period of one month in the event of default to pay compensation under S. 357(3) CrPC, set aside — Rest of the order of the High Court upheld — Penal Code, 1860, S. 357(3)