An Order To Undergo Imprisonment In Default To Pay Compensation Appealable

The Calcutta High Court, in PS Mitra vs Manor Travels Private Limited, has held that a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable.

Justice Joymalya Baggi, observed that Supreme Court in Vijayan Vs. Sadanandan held that ‘compensation’ shall be deemed to be a ‘fine’ for the purposes of Section 64 of I.P.C. and in default of payment of such compensation the Court shall have the power to impose imprisonment upon the defaulter.

Article referred: http://www.livelaw.in/ni-act-order-undergo-imprisonment-default-pay-compensation-appealable-calcutta-hc/

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