Back
SACHIN SINGH RAJPUT
Neelmani Bariha S/o Satyanand Bariha – Appellant
Versus
State Of Chhattisgarh, Though District Magistrate – Respondent
ORDER :
Sachin Singh Rajput, J.
1. This petition under section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) has been filed by the petitioner praying for the following relief:-
2. The petitioner was convicted for an offence under Section 354 of the Indian Penal Code, 1860 (for short IPC) by the Judicial Magistrate First Class, Saraipali vide judgment dated 27.01.2010 in Criminal Case No. 69/2009. The petitioner was sentence to undergo one year rigorous imprisonment with fine of Rs.2,000/- and in default of payment of fine additional three months simple imprisonment was imposed. Being aggrieved by the judgment of conviction and imposition of sentence, the petitioner preferred an appeal before the learned 1st Additional Session Judge, Mahasamund (C.G.) which was registered as Criminal Appeal No. 43/2010. The learned appellate court vide its judgment dated 03.04.2010 allowed the appeal in part and reduced the one year rigorous imprisonment to six months however maintain
A court cannot alter or review its judgment post-signature except for clerical errors, as outlined in Sections 362 and 482 of the CrPC.
Court cannot extend time for fine payment without altering its prior judgment, as it would constitute an impermissible review.
The prohibition against altering a signed judgment under Section 362 of the CrPC was reaffirmed, preventing extensions for fine deposits.
Imprisonment for non-payment of fine must terminate upon payment as per S.68 IPC.
The court emphasized that the consideration of grounds raised in the appeal itself while exercising jurisdiction under Section 148 N.I.Act would consume much time and was not envisaged by the provisi....
The court ruled that failure to comply with the appellate court's order to deposit 20% of the fine amount justifies dismissal of the revision petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
