TMI Blog2020 (9) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... ided Sentence of imprisonment in default of payment of fine. So taking into consideration the provisions under the Criminal Procedure Code, particularly Section 30, the learned Single Judge has requested the Registry to place the papers before the Honourable Chief Justice to post the matter before the larger bench to decide the case. It is absolutely correct that there is no revision pending before the High Court on the day when the complainant filed miscellaneous petition in Crl.M.P.No. 4295 of 2018 seeking to issue Non Bailable Warrant to secure the convict - Since the criminal prosecution has crossed the stage of trial, appeal and revision and reached the finality, the person who is found guilty have no right to file anticipatory bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial Court. The petitioner preferred Crl.R.C. No.2012 of 2002 before the High Court . When the matter was taken up for final disposal in the year 2006, the learned Single Judge entertained a doubt as to whether default sentence can be imposed for fine in the light of Section 30 of Cr.P.C, since the case arose out of Section 138 of N.I.Act and the statute prescribes summary trial. As per the order of the learned Single Judge, the matter was referred to the Division Bench of this Court and the Division Bench, vide order dated 06.02.2007, disposed the Criminal revision holding that there cannot be a default sentence for fine amount in summary trial cases and therefore, modified the sentence imposed by the trial Court as confirmed by the firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Registry to tag the said Criminal Revision case along with this anticipatory bail petition and accordingly, the Registry has tagged the case records of Crl.R.C.No.2012 of 2002. 5. A perusal of the case records indicates that after suffering conviction at the hands of the trial Court and the same being confirmed by the appellate Court the petitioner herein preferred Crl.R.C.No. 2012 of 2002. On 19.12.2006 Hon'ble Justice A.Selvam (as he then was) after discussing the facts of the case, relying upon the judgement of the Honourable Supreme Court in P.T.Ratnakaran -Vs- V.K.Prabhakaran reported in 2006 (3)SCC (Cri)545 has expressed his opinion that the sentence of imprisonment in default of payment of fine cannot be imposed since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion has disposed of the Criminal Revision, settling the legal issue referred by the learned Single Judge. 7. The order of the Division Bench dated 06.02.2007 is as follows: 8. Therefore the Legislature in its wisdom have prescribed the sentence to be imposed for committing the offence under Section 38 of the Act and empowered the Magistrate to impose the fine of ₹ 5000/- and the Legislature also made it clear that the Judicial Magistrate of the first class or the Metropolitan Magistrate can summarily try the cases under Negotiable Instruments Act. 9. Therefore, we consider it appropriate that section 30 of Cr.P.C cannot be applicable to the cases triable like summary trial under Negotiable Instruments Act, when the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prosecution has crossed the stage of trial, appeal and revision and reached the finality, the person who is found guilty have no right to file anticipatory bail petition for modification invoking 438 of Cr.P.C, the representation made across the bar and in the anticipatory bail petition that Crl.R.C is pending before this Court is factually not correct. 11. For this singular reason, the anticipatory bail petition is liable to be dismissed and accordingly, this Criminal Original Petition is dismissed. 12. It is imperative on the part of this Court to record that the legal position settled by the Honourable Division Bench on 06.02.2007 based on the Supreme Court judgement, has now been revisited Subsequently by the Apex Court in the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
