If remedies like compensation, fine and conviction are not specifically prayed for,what will be the outcome?

Question

While filing a check bouncing case in the Judicial Magistrate Court, it is generally submitted that the case may be taken on file, issue summons to the accused and proceed as per the provisions of Law, and thus render justice.

It is discussed that unless specific prayers are mentioned, like, requesting to render justice by award of compensation and conviction and levy of fine, the court will not award conviction and compensation or fine.

Is it so?

Even if the specific prayers are not made at the time of filing the case, if the same is mentioned during the argument or in the written argument, will it not suffice.

what are the case laws connected with the above.

What are the latest provisions about award of compensation(quantum), fine and conviction?

Kindly clarify.

Thanks.
Pillai.

Answer 1

You have not given the details regarding your case very clearly but I will try my best to help you out. In any criminal proceedings as in your case of bouncing cheque as far conviction is concerned you need not mention in your complaint the details regarding this if your complaint itself is made under the required provisions of law as section 138 of the Negotiable Instruments Act, read with section 420 of the Indian Penal Code, the court after going through the evidence on record will decide the punishment, its quantum in the form of imprisonment or fine or both as it finds reasonable & just for the given case. Now coming to the second factor which you mentioned about the compensation that should be given to the victim is concerned the provision of the criminal procedure code section 357 which states Order to pay compensation: - (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied:-
(a) in defraying the expenses of properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;
(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;
(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property is restored to the possession of the person entitled thereto.
So in such a case you can always move an application to the court before it passes any final order in the main complaint, under section 357 of Cr. P. C to award you compensation for the losses you suffered by such cheque bouncing. Hope this will be sufficient for your problem, for now.

Answer 2

law student??
nyways yes, its true that if the specific prayers are not mentioned then the same will not be granted by the court.one has to specifically mention the kind of relief one expects from the court in the plaint...although this is part of SPECIFIC RELIEF covered under specific relief act,1963....but if no specific remedy is sought then the court deals with the matter according to the provisions if The Indian Contract Act 1872 which usually deals with awarding compensation in case of breach contract...
for example: A promised to B to give him Rs. 1000 when B will deliver a painting to A.this was a contract between them. B failed to deli ever the painting although A paid the said amount..this was a breach of contract on account of B.
Now when A takes B to the court he has 2 options
1)sue B for compensation due to the non delivery of the painting(under Indian contract act)
2)to make a prayer for specific enforcement of the contract i.e the court should order B to deliver the painting to A.(under specific relief act)
one can use any of these remedies...if one has not asked for specific enforcement of the contract then one can change his plaint at any time when the suit is in the court...i.e u can later ask for specific enforcement also..

Answer 3

particular, certainly! between different issues, I ask our Father to grant me a heart of conviction, repentance, and obedience. those issues are not in simple terms ideal traits; they're mandatory procedures in our daily Christian walk. So why does not we pray for them? God bless you, and Merry Christmas!