Legal Question in Criminal Law in India
In a recent case National Consumer Forum enhanced, on petition from aggrieved , the punitive damages granted by a State Commission against Reliance Telecom. for having issued a false statement to the applicant. The applicant in turn filed the document in the proceedings that resulted in not only compensation , cost but also punitive damages. But the National Commission set aside the recommendation of the State Commission that District Forum may precede with forwarding the said document to a Magistrate under sec 340 of cr.pc. The reason being that the document was not filed by the Reliance but by the petitioner The petitioner had ample time to file a private complaint rather than ask the Commission to take it up under Sec 340, the National Commission said. If the petitioner had taken up with the Magistrate for offence committed under IPC rules would he have got a punitive damage of Rs 50,000 as granted by the State commission or National Commission?
The Magistrate can only give prison term or fine. I have not seen in powers vested in Magistrates that they can fine an accused to the tune of Rs 50000 for issuing a false document. .
5 Answers from Attorneys
in very rare cases, magistrates fine to the tune of Rs. 50,000/- or more
its not that. in 138 cases, the magistrate is empowered to fine the accused double the extent of cheque amount so the ceiling of 5000/- as fine is not valid any more.
You need to challenge the National Commission Order before the Supreme Court.
In appropriate cases, a Magistrate can award compensation U/s.357 Cr.P.C. and there is no limit on amount under that section.
You should try to settle the issue for good;
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