Supreme Court · 1972 INSC 86 · Decided 17 March 1972
Chhajulal v. The State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 1972 INSC 86 · [1972] 3 S.C.R. 906
- Case number
- CRIMINAL APPEAL No. 117/1971
- Decided
- 17 March 1972
- Bench
- A.N. GROVER, M. HAMEEDULLAH BEG (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 406, 65; CrPC Section 32, 33, 65, 342, 561A; Constitution Article 136
Headnote
Indian Penal Code (Act 45 of 1860), ss. 65 and 406 and Code of Criminal Procedure (Act 5 of 1898), ss. 32 and 33-Sentence in 'default of payment of fine-Powers of Fir~·t Class Magistr(ue. B The appellant was convk'ted by a first class Magistrate under s. 406, I.P.C., and was sentenced to On the question of the· p~riod of imprisonment that could be imposed in d,efault of. payment of fine. HELD : Even if s. 65, l.P.C., could be applied the period of imprison­ ment in default of payn1ent of fine could not exceed nine months since an offence under ~. 406 I.P.C. is
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