Condition Of Pre-Deposit Of Fine Amount Cannot Be Imposed For Hearing Of Revision Petition Filed By Convict: Supreme Court

BACKGROUND OF THE CASE

• In the present case, the accused was convicted for the offence under Section 138 of the Negotiable Instruments Act.
• A fine of Rs 6,00,000 was imposed upon her.
• It was also said that by default, she had to undergo six months of simple imprisonment.
• As per Section 357 of CrPC, she also had to pay Rs 5,90,000 to the complainant as compensation.
• The rest was to be paid to the State.
• When the accused filed an appeal in this regard, the Appellate Court dismissed it.

RELATED PROVISIONS

• Section 138 of Instruments Negotiable Act: This Section is a penal provision dealing with the punishment for dishonor of cheque for insufficiency etc. It states that any person who leaves the amount of money standing or unpaid, commits a crime and is entitled to be sentenced for two years of imprisonment or fine or both.
• Section 357 of Code of Criminal Procedure: This Section defines the order of paying the compensation. It states that the court must specify the order while imposing a sentence of fine or a sentence, of which fine forms a part.
• Section 397 of Code of Criminal Procedure: This Section defines the calling for records to exercise powers of revision.

OBSERVATIONS MADE BY THE COURTS

• While considering the Revision petition filed by the accused, the High Court observed that, the accused cannot be pressed into service at the hearing of criminal revision petition, if the fine amount has not been deposited.
• The Supreme Court discarded the High Court’s order and agreed with the accused-appellant that the High Court was not justified in imposing a condition of pre-deposit of the fine amount.
• The Court observed that the ultimate order to be passed in the revision petition is something entirely different. The examination of the matter in terms of the requirements of revisional jurisdiction would determine the outcome.
• Further, it held that, under Section 397 of CrPC, the deposition of the fine amount cannot be made as a condition precedent for hearing the revision petition.
• The bench set aside the order by the High Court and observed that a reasonable priority to the revision petition must be assigned to the High Court and an endeavor for taking the final decision on the same must be made.

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