AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two meaningful questions which in essence fall for determination in this reference to the Full Bench are :-

(2.) EQUALLY at issue is the connected question whether the view expressed by the Division Bench in Lal Singh and others v. State and others (1) can still hold the field in wake of the recent judgment in State of Orissa v. Ram Chander Agarwala etc (2).

(3.) IT would-appear that both the petitioners failed to deposits the fine within the time prescribed. The present application under, section 482 of the Criminal Procedure Code was then moved on their behalf praying that the petitioners may now be allowed to deposit the fine and, the failure to do so within the prescribed time be condoned. Noticing some discordance of judicial opinion on the point whether a relief of this nature could be allowed, my learned brother Tewatia, J. referred the matter to a larger Bench. When the cases came up before the Division Bench, reliance on behalf of the Petitioners was placed on Lal Singh and others case (supra) whilst on behalf of the respondent-State it was contended that the ratio was no longer tenable 41 view of the observations of their Lordships in Ram Chander Agarwala's case (supra). The present reference to the larger Bench was thus necessitated.