Compansation payble to the Complainant.
Ch. Sujatha
(Querist) 26 October 2008
This query is : Resolved
Respected Seniors,
In a Cheque dishonour case trial court convicted the Accused for a term of 3 months and also awarded compensation to the Complainant an amount of Rs. 25,000/-.
Later Accused preferred an appeal on the Judgement of the Trial Court. While filing the appeal, Appeal Court directed the Accused to pay an amount of Rs. 5,000/-. Then the accused deposited the said amount of Rs. 5,000/- in trial Court.
Now my doubt is whether the Complainant entitled to receive the said amount of Rs. 5,000/- or not. If it is possible please refer the provision to file a petition to obtain the said amount.
K.C.Suresh
(Expert) 27 October 2008
The judgement is specific about the utilisation of the money. If not after appeal period you can file an application before the court for the money. Then it will be decided.
smilingadvocate
(Expert) 27 October 2008
As the said amounts are deposited as per the direction of the appellate court and if their is a further direction by the court permitting you to withdrawthe same amounts then only you willbe entitled to or you can seek the permission of thecourt i.e. appellate court seeking direction to permit you to withdraw the said amount
sanjay kumar patibandla
(Expert) 28 October 2008
your entitlement is as per judgment only. If the there is no clarity, just file a petition to withdraw the same amount for permission
J K Agrawal
(Expert) 28 October 2008
Penalty always goes to the account of government only.(even in cheque bounce case) but the Judge may allow full or any part of it to you. If nothing mentioned in judgement you will get nothing. I do not know about any section in Cr P C in which you can move such application suggested to you by my friends, to recover penalty amount. Only remedy is to file an appeal or review or revision against the order of penalty .
Ch. Sujatha
(Querist) 28 October 2008
Respected Seniors,
In above my question i did not used the word " Penalty ". In my question i clearly mention as "Compensation". Compensation always goes to the Complainant? As per the judgement also the complainant entitle to receive the said compensation.
I want to know only the Provision to file a petition to withdraw the said compensation amount which was already deposited by the Accused.
Adv.Shine Thomas
(Expert) 06 November 2008
As said by Mr.Sanjay Kumar,the entitlement is as per judjement but you can file a release petition for the amount.
Ch. Sujatha
(Querist) 02 December 2008
Respected Seniors,
What is the Provision under Cr.R.P.C., to file a release petition.
Thank in Advance.
Srinivas.B.S.S.T
(Expert) 28 December 2008
You have to file the petition under section 357 read with 482. However after disposal of the appeal you are entitled to initiate civil proceedings against the accused for recovery of the compensation amount.
