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Rajan Salvi (Lawyer)     18 November 2009

warrant cancellation

Accused lady [EX-sarpanch] filed application for permenant exemption in the Court of CJM in 409 case. The lady nor her advocate attended dates for 2 years. Judge issued NBW. While cancellation of NBW, judge fined Rs 6500/-. Can he do so? That to when the application for permenant exemption is pending? The attitude of the Judge was almost vengeful, as he passed Order on application at 5 PM and refused to give time to pay the fine amount. The lady is a widow, with a 7 year old child. Criminal breach of trust case was filed for an amount of Rs 4500/- on an FIR lodged after passing resolution to that effect in the village meeting.



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 27 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 November 2009

 The application for permanant exemption was pending, it was not granted, so it is but natural for the judge to fine the accused. But the amount of fine should be just and resonable. In the given circumstances it is excessive.

nkrvetrivel (Lawyer)     18 November 2009

The judge has discretion to fine the accused, but it is very excessive. she may go for revision before high court

Anish goyal (Advocate)     18 November 2009

Also the fact that neither accused nor the advocate attended the court for 2 years was one of the fact 4 such a fine

dhiraj choudhary (n/a)     18 November 2009

a judge cant impose fine upon the accused for his/her failure 2 appear before the court. at d most the court can do is that it can forefit the surities of d accused n if the sureties r forefited by d court, it directs d surety 2 appear before it n prduce the accused before it  or pay d surety amount. n if d surety produces d accused before d court then court imposes nominal fine otherwise a heavy fine is imposed.


(Guest)

The amount of fine is not only excessive, but more than the amount for which thecomplaint is filed agaist the accused,at least the court may have grant time to pay fine

Anil Agrawal (Retired)     18 November 2009

Pray under which section of CrPC a magistrate is empowered to fine an accused for non-appearance. I understand for non-appearance he can issue order u/s 83 of CrPC for auction of his property. I am told that a magistrate has power to impose fine u/s 29 while sentencing an accused. But for non-appearance?

Request friends to elucidate.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 November 2009

The judges some time behave very aggressively beyond their perview and become angry when not much obliged.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

you may file an appliction to exempt this fine and if court reject the same then approach the Session court or high court to revoke such a high fine, more than the disputed amount.

Regards

adv.kamal.grover@gmail.com

Anil Agrawal (Retired)     18 November 2009

 Under what Section the fine is imposed?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

It is discrition of the judge that when ever one did not appear then court can impose a fine or forfeight surities and also issue fresh wannts of arrest.

But person can file the applicaiton to set aside all this and to restore the plaint, court can impose fine accordingly. If court did not accept the application then person can get the fresh anticipatory bail from High court.

Regards

adv.kamal.grover@gmail.com

Anil Agrawal (Retired)     18 November 2009

 Whatever power a magistrate exercises, it has to be under some law. Under which section of CrPC can he impose fine for non-appearance? He can't lay down the law. Not even the Supreme Court. If an accused is found guilty and punished with imprisonment and/or fine that is totally different thing.

Please elucidate.

SANJEEV KUMAR (STUDENT)     19 November 2009

The Judge can imose fine for non coperating with court and ignoring court directions. The lady/advocate has not attended the court for two years. Surprising? Now lady is  protesting for excessive fine. Why? 

SANJEEV KUMAR (STUDENT)     19 November 2009

Think the other way-

the prosecution/petitioner does not come for 2 years and accused coming on regular dates for 2 years. Then what would have been the position. The petitioner would have requested the court for proper attendance of petitioner. The same thing has happened.

why adjournments shold be given to any party?

If case is pending both parties should be attend properly.

The fine is not excessive having regard to the conduct of accused lady

How the backlog of cases will be cleared if parties will not come to court for 2 years.

think............................

Anil Agrawal (Retired)     19 November 2009

 Dear friends,

My simple query is under what section of law the magistrate is empowered to impose fine for non attendance. He may issue summons, warrants, proclamation u/s 82 and 83. But, fine? That is beyond my comprehension. Shall be grateful for further information.

Anil


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