GURUKRIPA TRADERS Vs. KAILAS RAMNARAYAN

JUDGEMENT

(1.) ON 5th May, 2009 the learned Counsel appearing for the parties were put to notice that this petition will be disposed of finally at the admission stage. Accordingly, the submissions have been heard of the learned Counsel appearing for the petitioner, the learned Counsel appearing for the first respondent as well as learned Public Prosecutor for the State.

(2.) THE petitioner was arraigned as an accused in a complaint filed by the first respondent alleging commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the said Act"). By the judgment and order dated 3rd October, 2008, the learned Judicial Magistrate, First Class, at Niphad convicted the petitioner for commission of offence under Section 138 of the said Act. The petitioner was sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs. 10.00 lakh. In default of payment of fine, he was sentenced to undergo simple imprisonment for fifteen days. Out of the fine amount of Rs. 10.00 lakh, a sum of Rs. 9.00 lakh was ordered to be paid to the first respondent.

(3.) IT appears that on the appeal against the order of conviction, the petitioner was called upon to pay ad valorem Court fees on the basis of the fine amount. It appears that the petitioner was called upon to pay Court fees of Rs. 51,800/-. Initially the Sessions Court granted time up to 15th October, 2008 to the petitioner to pay the Court fees. On 15th October, 2008, on an application filed by the petitioner, the learned Additional Sessions Judge passed an order granting time to the petitioner as a last chance to deposit the Court fees till 20th October, 2008. The challenge in this petition under Article 227 of the Constitution of India is to the order dated 8th October, 2008 passed on application under Section 389(1) of the said Code. The challenge is also to the direction issued by the Sessions Court to the petitioner to pay the Court fees on the appeal.