Vijay D. Salvi vs State of Maharashtra and Others

B.N. Agrawal, J.—Heard the learned counsel for the parties.

Leave granted.

It appears that two complaint cases were filed against the appellant. In both the cases, he was convicted u/s 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo one month's simple imprisonment in each of the cases. In one case, the appellant was directed to pay fine of Rs. 1,40,000 and in another Rs. 1,45,000/-; in default, he was directed to undergo further imprisonment for a period of three months. Against the said orders, appeals were preferred before the Sessions Court which directed the appellant to deposit the amount of fine but as he failed to deposit the same, the appeal were dismissed. When the said order was challenged before the High Court in revision, similar order was passed on non-deposit of payment of fine and the revision applications have been dismissed. Hence, this appeal by special leave.

In our view, neither the appellant court nor was the Revisional Court right in dismissing the appeal or revisions in the event of non-deposit of fine, but they should have disposed of the case on merits.

Accordingly, the criminal appeal is allowed, impugned orders are set aside and the matter is remitted to the appellate court to dispose of the appeals on merits in accordance with law after giving opportunity of hearing to the parties. It is directed that the trial court shall take all coercive steps for realisation of fine awarded by the trial court against the appellant.