Article 154 — Principle.

(I) Where a person has been injuted by a criminal offence, he or his re- presentative may at the opening of the hearing apply to the court trying the case for an order that compensation be awarded for the injury caused. The application shall be in writing and shall specify the nature and amount of the compensation sought. He shall not on filing his application pay tht" 56 CRIMINAL PROCEDURE CODE prescribed court fees as though it were a civil case. (2) The person making the application shall be shown the list of the witnesses to be called by the prosecution and defence and shall be asked whether he wishes additional witnesses to be called. Where he wishes additional witnesses. to be called, he shall be required 'to' pay the prescribed fees for the issue of witness summonses as though it were a civil case. (3) The provisions of this chapter shall apply to public and private prosecutions. (4) Where the person making the application acts in the capacity of private prosecutor, he shall specify which witnesses he calls in support of the prosecution and which he calls in support of his civil claim. The provisions of sub-art. (I) and (2) shall apply. Art. .155. - Applicalion dismissed. (I) The court shall consider the application and shall of its own motion or on the request of the prosecution or the defence refuse the application where: (a) a young person is the accused: or (b) the accused is being tried in his absence: or (c) the injured party has instituted proceedings in a civil court having jurisdiction; or (d) the person making the application is not qualified for suing; or (e) the claim for compensation cannot be determined without calling numerous witnesses in addition to those to be called by the prosecution and defence; or (0 the court is of opinion that the hearing of the injured party's claim for compensation is likely to confuse, complicate or delay the hearing of the criminal case. (2) The application shall be dismissed where the amount of compensation claimed exceeds the pecuniary jurisdiction of the court. (3) Where the court dismisses the application its decision shall be final and no appeal shall lie against it. The injured party shall be informed by the court that he may file a claim against the accused in a civil court.