Dear All,
Please clarify me the following query
1. Complainant had filed a civil suit for recovery of money along with interests by filing the Promissory Note way of attaching the Accused Property and the suit has been degreed Exparty Proceedings and the Complainant had filed Execution Proceedings and recived sale papers for auctioning the property from the civil court.
Further the same complainant had file cheque bounce case u/s 138 NI Act and the Accused had been convicted to undergo 1 year S I, to pay fine RS.3,000 and also to pay compensation to the Complainant to the tune of Rs.4,50,000 (Cheque Amount).
In the cheque case the Complainant admitted while deposing evidence that the above said civil and criminal cases are filed by him for single loan transaction and further he had admitted that he recieved sale papers from the court to auction the property.But the Magistrate without considering these aspects had awarded compensation to the Complainant.\Kindly provide me any judgements regarding section 357(5) Cr.p.C.
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. - See more at: https://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
Thanking You in advance
Rds,
Shree
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. - See more at: https://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. - See more at: https://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. - See more at: https://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
