Parmasivam v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.12.2019

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.34799 of 2019 1.Parmasivam 2.Karunanidhi 3.Muthusamy 4.Narayanan

...Petitioners

Vs The State rep.by the Inspector of Police, Sendurai Police Station, Ariyalur District.

....Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C to set aside the order dated 19.12.2019 passed in Crl.M.P.No.1 of 2019 in S.C.No.71 of 2008 dated 30.12.2019 passed by the learned Additional District and Sessions Judge at Ariyalur and permit the petitioners to pay the fine amount. For Petitioner : Mr.A.V.Raja For Respondents : Mr.T.Shunmugarajeswaran Government Advocate (Criminal side)

O R D E R

The petitioners were sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs.3,000/- by the learned Trial judge in S.C.No.71 of 2008 on the file of the learned Additional District and Sessions Judge, Ariyalur and questioning the same, they preferred Crl.A.No.491 of 2011, before this Court and the Criminal Appeal was disposed of on 26.02.2019 and the sentence of imprisonment was substituted with a fine of Rs.15,000/- each. The petitioners had to pay the differences of fine amount of Rs.12,000/- each and they were directed to pay

the said amount within a period of 30 days from the date of that order. It was also directed that if they fail to do so, they will undergo three months Simple Imprisonment (each).

2. The learned counsel appearing for the petitioners points out that even though, the judgment was pronounced on 26.02.2019, the order copy was made ready only on 29.04.2019 and by that time, the period given by this Court for paying fine amount had already expired. The learned counsel appearing for the petitioner also places reliance upon Sections 64 and 68 IPC and the same read as follows:

''Section 64. Sentence of Imprisonment for non payment of fine 1(In every case, of an offence punishable with imprisonment as well as fine, ini which the offender is sentenced to a fine, whether with or without imprisonment or fine, or) with fine only, in which the offender is sentenced to a fine,) it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. Section 68. Imprisonment to terminate on payment of fine- The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law''

3. The learned counsel appearing for the petitioner states that they are ready to pay the fine amount within a period of one week from the date of receipt of a copy of this order.

4. Therefore, Iam of the view that the said request made by the petitioners' counsel is granted. It is represented that the petitioners in the meanwhile had also filed a petition in this regard before the learned Trial Judge but the same was returned vide order dated 19.12.2019. Iam of the view that the Trial Judge was right in returning the petitioners' application, because he could not have substituted the order passed by this Court. However taking note of the legal position, the petitioners are directed to pay the fine amount in question within a period of two weeks from the date of receipt of a copy of this order.

5. This Criminal Original petition is allowed with these terms.

Sd/- Deputy Registrar(V.O) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, The State of Tamil Nadu Sendurai Police Station, Ariyalur District.

2.The Additional District and Sessions Judge, Ariyalur.

3.The Public Prosecutor, Madras High Court.

+1cc to Mr.A.V.Raja, Advocate Sr.106865 Crl.O.P.No.34799 of 2019 gp[co] srg 02/01/2020