MUNILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Appeal is against the order dated May 3, 1989 of the learned Sessions Judge, Sriganganagar.

(2.) UNDER the aforesaid order the learned Sessions Judge has ordered that the amount of Rs, 5000/- be recovered by way of penalty and it is also ordered that on the failure of the appellant to deposite the aforesaid amount of penalty the appellant shall be sent to civil jail for a period of six months.

(3.) CONSEQUENTLY, I hereby partly allowed this appeal, while maintaining the order of the learned Sessions Judge so far as he has ordered that the amount of Rs. 5000/- be recovered by way of penalty. But I hereby set aside the order of the learned Sessions Judge that on failure of payment of fine, the appellant shall suffer imprisonment in civil jail for a term of six months, I hereby direct that the learned judge shall first proceed to recover the amount and thereafter, if necessary, by separate order the appellant can be sent to imprisonment in civil Jail for a term which may extend to six months. .