CRL OP/34799/2019 of PARMASIVAM Vs STATE REP.BY on 30 December 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 ofCr.P.C to set aside the order dated 19.12.2019 passed inCrl.M.P.No.1 of 2019 in S.C.No.71 of 2008 dated 30.12.2019passed by the learned Additional District and Sessions Judge atAriyalur and permit the petitioners to pay the fine amount.

For Petitioner : Mr.A.V.RajaFor Respondents : Mr.T.Shunmugarajeswaran Government Advocate (Criminal side)

The petitioners were sentenced to undergo two years RigorousImprisonment and to pay a fine of Rs.3,000/- by the learnedTrial judge in S.C.No.71 of 2008 on the file of the learnedAdditional District and Sessions Judge, Ariyalur and questioningthe same, they preferred Crl.A.No.491 of 2011, before this Courtand the Criminal Appeal was disposed of on 26.02.2019 and thesentence of imprisonment was substituted with a fine ofRs.15,000/- each. The petitioners had to pay the differences offine amount of Rs.12,000/- each and they were directed to pay

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

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

''Section 64. Sentence of Imprisonment for nonpayment of fine 1(In every case, of an offencepunishable with imprisonment as well as fine, ini whichthe offender is sentenced to a fine, whether with orwithout imprisonment or fine, or) with fine only, inwhich the offender is sentenced to a fine,) it shall becompetent to the Court which sentences such offender todirect by the sentence that, in default of payment ofthe fine, the offender shall suffer imprisonment for acertain term, in which imprisonment shall be in excessof any other imprisonment for a certain term, in whichimprisonment shall be in excess of any otherimprisonment to which he may have been sentenced or towhich he may be liable under a commutation of a sentence.

Section 68. Imprisonment to terminate on payment offine- The imprisonment which is imposed in default ofpayment of a fine shall terminate whenever that fine iseither paid or levied by process of law''

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

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

5. This Criminal Original petition is allowed with theseterms.

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