Madan Mandul vs Haran Ghose on 15 June, 1893

Calcutta High Court
Madan Mandul vs Haran Ghose on 15 June, 1893
Equivalent citations: (1893) ILR 20 Cal 687
Author: P A Trevelyan
Bench: Prinsep, Trevelyan


JUDGMENT

Prinsep and Trevelyan, JJ.

1. It is necessary in this application only to refer to one of the grounds taken, which is that, because the Magistrate, in addition to a sentence of 14 days’ imprisonment, directed the accused person, under Section 31 of the Court Fees Act, to pay to the complainant the court-fee paid on his petition of complaint to the Magistrate, the order is appealable. The learned Counsel contends that inasmuch as the law provides that all such fees ordered to be paid may be recovered as if they were fines imposed by the Court, therefore this part of the sentence must be regarded as a fine, and, superadded to the sentence of imprisonment, makes the order appealable. We do not accept this view of the law. The order under Section 31 of the Court Fees Act is no part of the sentence so as to make it a sentence of fine within the terms of Section 413*, Code of Criminal Procedure. The order is therefore not appealable. This application is refused.

* No appeal in petty cases.

[Section 413 : Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which a Court of Session or the District Magistrate or other Magistrate of the first class passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding fifty rupees only, or of whipping only.

Explanation.–There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment of fine when no substantive sentence of imprisonment has been passed.]

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