PALAKDHARI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal raises the question of the applicability of S. 70 of the Indian Penal Code to fines imposed in convictions for offences under the Indian Penal Code but tried by Tribunals called the Panchayati Adalats, now known as Nyaya Panchayats.

(2.) The appellants were convicted by a Panchayati Adalat on February 5, 1950, for an offence under S. 379 of the Indian Penal Code and were sentenced to a fine of Rs. 75/- each. A revision against that order was taken to the High Court which was dismissed on May 13, 1953. In January 1958, proceedings were taken for the recovery of the fine imposed against the appellants by the Panchayati Adalat. In a revision against that order an objection was raised that the fine was not recoverable as it was barred by S. 70 of the Indian Penal Code. The learned Sub-Divisional Magistrate by his order dated February 6, 1958, held the recovery of the fine to be barred under that section. But a revision was taken to the District Magistrate who recommended the setting aside of the order of the Sub-Divisional Magistrate on the ground that there was no period of limitation. The High Court by its order dated September 7, 1959 accepted the recommendation of the District Magistrate and held that there is no limit to the time within which the fines imposed by a Panchayati Adalat can be realised. It is against this order that the appellants have brought this appeal by special leave.

(3.) The conviction of the appellants was under S. 379 off the Indian Penal Code and if they had been tried and convicted by a Magistrate acting under the Criminal Procedure Code, the recovery of the fine would have been barred under S. 70, Indian Penal Code. But it is submitted that if the conviction is by a Panchayati Adalat, the ban on the recovery of the fine after the expiry of six years limitation is no longer applicable.