Supreme Court of India
Kumaran v. State of Kerala & Anr.
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From the headnote
Code of Criminal Procedure, 1973 - s.431 - Compensation - When compensation is ordered as payable for an offence committed i1/s.J38 of the Negotiable Instruments Act, and in default thereof. a jail sentence is prescribed and is undergone, whether compensation is still recoverable - Held: The fiction contained in s.431 must be extended logically until its object is accomplished - The object of the legal fiction created by s.431 is to extend for the purpose of recovery of compensation until such recovery is completed and this would necessarily include not only s.421 of the C1:P. . but also s.
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