Can HC compel the NI Act Convict to deposit Fine amount as a pre-condition for hearing of Revision, SC answers

  

The Supreme Court has recently settled on fact whether there is any mandatory statutory requirement of pre-deposit for the purpose of maintaining the revision petition before the High Court.

The Bench comprising of Justice Vineet Saran and Justice Dinesh Maheshwari reviewed High Court's decision dismissing the Criminal Revision Petition of the appellant as she had not deposited the fine amount imposed on her in her conviction under NI Act.

Background of Case

The appellant here-in has challenged the single-judge bench order of High Court by which her Criminal Revision Petition was not accepted up as she hadn't deposited the fine imposed on her by the Trial Court.

The appellant was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to fine in the sum of ₹6,00,000/- with the stipulation that in the event of default in payment of fine, she would undergo 2 simple imprisonment for six months. An amount of Rs.5,90,000/- was directed to be paid to the complainant as compensation in terms of Section 357 Cr.P.C. and the balance amount was to be remitted to the State. The appeal taken by the appellant was dismissed by the Appellate Court maintaining the order of the Trial Court.

Aggrieved, the appellant approached the High Court by filing Criminal Revision Petition which dismissed the petition  stating that unless the fine amount was deposited, the appellant would not be entitled to press into service the hearing of criminal revision petition filed under Section 397 read with Section 401 Cr.P.C. 

“Unless the fine amount is deposited by the petitioner herein, the petitioner is not entitled to press into service the hearing of this petition which is filed under Section 397 read with Section 401 of the Cr.P.C.”

Supreme Court's Observation

The Top Court was of the clear view that there is no such mandatory statutory requirement of pre-deposit for the purpose of maintaining the revision petition before the High Court.

 

"Taking into account all the facts and circumstances of the case as also the law applicable, we are clearly of the view that the High Court could not have made the deposit of fine amount a condition precedent for the purpose of hearing the revision petition. As to what order is to be passed ultimately in the revision petition is a matter entirely different and that would depend on the examination of the matter in terms of the requirements of revisional jurisdiction but, in any case, depositing of fine amount could not have been made a condition precedent for the purpose of even hearing of the revision petition so filed by the appellant."

The Court therefore set aside the impugned order accordingly.

Read Order Here:

 

 

 Sheetal Joon- Content Editor with LatestLaws

source ; .latestlaws.com

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