2018 (3) TMI 511

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....nbsp; JUDGMENT SANJEEV SACHDEVA, J. (ORAL)  Crl.M.A.3671/2018 (exemption)  Exemption is allowed subject to all just exceptions.   CRL.M.C. 1015/2018 & Crl.M.A.3670/2018 (stay) 1. The petitioner impugns order dated 05.12.2017, whereby, the Revisional Court has rejected the revision petition filed by the petitioner impugning the order of the learned Metropolitan Magistr....

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....tenced to pay a fine of Rs. 11,50,000/-.  In default of deposit of the fine, the petitioner was to undergo imprisonment for a period of three months.  4. The petitioner did not deposit the fine and underwent the sentence in default of deposit of fine of imprisonment for a period of three months.  5. After the petitioner was released, having undergone the sentence, the respondent i....

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.... .............The position in law now becomes clear. The deeming provision in Section 431 will apply to Section 421(1)as well, despite the fact that the last part of the proviso to Section 421(1) makes a reference only to an order for payment of expenses or compensation out of a fine, which would necessarily refer only to Section 357(1) and not 357(3). Despite this being so, so long as compensatio....

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....ory by itself which applies to compensation payable out of a fine under Section 357(1) and, by applying the fiction contained in Section 431, to compensation payable under Section 357(3)." (underlining supplied) 8. The Revisional Court has correctly appreciated the law laid down by the Supreme Court in Kumaran (supra) and, has correctly rejected the contention raised by the petitioner that as ....