Judgment

KAILASAM, J.:- These appeals are by State of Orissa by certificate granted by the Orissa High Court against the judgment in Criminal Miscellaneous Cases Nos. 131 to 138 of 1973.

2. The eight respondents before this court field a batch of eight criminal miscellaneous petitions under Sections 561-A and 562 of the Code of Criminal Procedure for a review of the orders passed by the High Court in Criminal Reference Nos. 13 and 15 to 21 of 1972 on 7-5-1973, enhancing their sentence of fine of Rs. 2,000 to one of rigorous imprisonment for six months.

3. The facts of the case are briefly as follows :-

On 1-2-1967, the Vigilance Police filed nine criminal cases against certain firms and their partners or proprietors under Section 20 (e) of the Forward Contracts (Regulation) Act, 1952 (Act 74 of 1952). The cases were tried by the Additional District Magistrate (Judicial), Cuttack. The District Magistrate found the firms and persons, in management of the business, guilty of the offences with which they were charged and inflicted a consolidated fine of Rs. 2,000 with the direction that, they would suffer simple imprisonment for three months in default of payment of fine. Against their conviction and sentence, the accused preferred an appeal to the Session Judge. The Sessions Judge, while dimissiing the appeals, found that the law required imposition of a minimum sentence of the of Rs. 1,000 for each offence and as the sentence passed by the trial court was not in accordance with the law, he referred the matter to the High Court for passing of appropriate sentence. The accused preferred Revision Petition against the order of the Session Judge. The Reference made by the Sessions Judge as well as the revision petitions were heard by the High Court. The High Court, while dismissing the Revision Petitions preferred by the accused accepted the Reference by the Sessions Judge and enhanced the sentence so far as the firms are concerned, to a sum of Rupees 3,900/- as the rate of rupees one thousand and three hundred for each offence. As regards the Managers or the managing partners, the High Court sentenced them to six months rigorous imprisonment, i e., two months for each deal.

4. The firms paid up their fines but the persons, who were awarded substantive sentence of imprisonment, filed criminal miscellaneous petitions before the High Court for a review of its order. The High Court accepted the petitions for review and recalled its previous judgment imposing substantive sentence of six months rigorous imprisonment on the petitioners but imposed a fine of Rs. 3,900/- at the rate of Rs. 1,300/- for each of the offence on each of the petitioners who are the respondents in this Court.

5. Against the decision of the High Court, the State of Orissa applied for a certificate for preferring an appeal to this Court which was granted.

6. Before the High Court it was urged that the petitioners were not given notice of enhancement in the Reference Cases in respect of fines imposed. It was submitted that the notice was based on the recommendation of the learned Sessions Judge to pass appropriate sentence, but there was no indication in the notice, that the sentence would be enhanced to a substantive term of imprisonment. The order of Reference by the Sessions Judge provided that, the sentence imposed by he trial court was illegal and therefore while maintaining the convictions, he set aside the consolidated sentence of fine and referred the matter to the right Court for passing appropriate sentences. The learned Judge who dealt with the References made by the Sessions Judge passed an order in the following terms :-

"Admit. Issue notice fixing 20-3-72 for appearance. The acceptance of the preference may have the effect of enhancement of the sentence. Let clear notice be given to show cause against enhancement of sentence."

In pursuance of the order, the High Court sent a notice, directing the respondents to appear and show cause as to why the sentences, infli