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TMI Blog2025 (2) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... ation is granted to address the suffering caused by any loss or injury resulting from an act for which the accused has been sentenced. While it establishes criminal liability, the compensation awarded to the victim is treated similarly to what could be granted in a civil suit. As for accused herein, no fine was imposed on him; instead, he was directed to pay compensation. In the light of the provisions contained in Sections 421 of the Code of Criminal Procedure, 1973, fine amount as imposed by the Court, is to be recovered by sale and auction of the property of the accused; whereas as per Section 431 of the Code of Criminal Procedure, 1973, even amount of compensation can be recovered as if it was a fine. In the instant case, compensation was directed to be paid by the accused persons. Therefore, as per both sections 421 and 431 of the Code of Criminal Procedure, 1973, amount is to be recovered by way of auction and sale of the property of the late accused/petitioner no. 3, namely, Goutam Gupta. The legal heirs and representatives of the deceased did not prefer any application for substitution themselves as the petitioners in place of deceased Goutam Gupta. Therefore, the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd correctness of the judgment and order affirmed by the Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta regarding the conviction and sentence passed against the petitioners. 6. During the pendency of this case, petitioner no. 3 expired on 28.07.2023. However, in the event of death of petitioner no. 3, the Criminal Revisional application cannot be considered as abated against the petitioner no. 3 since the Learned Court below has directed the accused no. 3 along with another accused/convict to pay a sum of Rs. 12,00,000/- as a compensation to the complainant. 7. In such a situation, the legal heirs or representatives of the deceased are liable to pay compensation from the estate of the deceased, if Revisional application would be dismissed after hearing the parties. Therefore, the opposite party filed this application in order to avoid future complications and/or impasse and to uphold the law of the land praying for substitution of legal heirs of the petitioner no. 3, since deceased, in connection with the instant Revisional application. 8. The name of his legal heirs, namely, Mrs. Krishna Gupta, wife of deceased, Bhromar Gupta, Bidisha Gupta, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court as under:- i. Whether death of accused during pendency of the Revisional application preferred against conviction and sentence of compensation would be abated automatically or not? ii. Whether compensation and fine are similar and the said amount as imposed by the Court is to be recoverable from the estate of the deceased? 13. It appears from the judgments of Learned Metropolitan Magistrate as well as Learned Additional Sessions Judge that the accused persons were convicted under Sections 138/141 of the Negotiable Instruments Act, 1881 and were sentenced to suffer rigorous imprisonment for six months and to pay a compensation of Rs. 12,00,000/- to the applicant/complainant. 14. During pendency of the Revisional application, accused/petitioner no. 3 expired. If he would have been alive and the conviction and sentence affirmed then he would have to pay the said compensation to the complainant in view of the judgment passed by the Learned Additional Sessions Judge in accordance with Section 357 (3) of the Code of Criminal Procedure, 1973 and, in default, petitioner no. 3 shall further suffer simple imprisonment for three months being vicariously liable. 15. There is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Judgment passed in the case of Harnam Singh Vs. The State of Himachal Pradesh (1975) 3 SCC 343 : 1974 SCC (CRI) 951. Usually, fine is a monetary penalty imposed by a Court or Regulatory Authority while compensation is a legal right to be paid to the victim of crime or other wrong doing. Fine is paid to the Government by the convict or that can be recovered or enforced by Court's order from the estate of the accused/convict. Whereas, compensation can be enforced through legal means or by paying the victim directly even if the accused/convict failed to pay the compensation, the same may be recovered from the estate of the deceased. Even after death of accused, his property goes to the hand of legal heirs or representatives after his demise. 20. In the light of the provisions contained in Sections 421 of the Code of Criminal Procedure, 1973, fine amount as imposed by the Court, is to be recovered by sale and auction of the property of the accused; whereas as per Section 431 of the Code of Criminal Procedure, 1973, even amount of compensation can be recovered as if it was a fine. In the instant case, compensation was directed to be paid by the accused persons. Therefore, as per both ..... X X X X Extracts X X X X X X X X Extracts X X X X
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