Kumaran vs State Of Kerala And Anr

The Supreme Court addressed the issue of whether compensation ordered under Section 138 of the Negotiable Instruments Act is recoverable after the accused has undergone a default sentence. The Court held that compensation remains recoverable even if the accused has served the default sentence, affirming the applicability of Section 421 of the Criminal Procedure Code for recovery. The Court emphasized that the Magistrate must record special reasons in writing before proceeding under Section 421 if the accused has undergone the default sentence, thus clarifying the procedural requirements for recovery of compensation.