The appellant challenged the conviction and sentence of one day in default under Section 350 Cr.P.C. The High Court dismissed the appeal, holding that since the sentence was a fine of Rs. 100, Section 376(2) Cr.P.C. barred the appeal.
The appeal was dismissed; the order under Section 350 Cr.P.C. was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Mhi
CRIMINAL APPEAL NO. 175 OF 2011
Angad Rambhau Jadhavar .. Appellant vs. State of Maharashtra .. Respondent
Mr. A.M.Savagave, i/b. Shriniwas S. Patwardhan, Advocate, for the appellant. Mr.Rajesh More, APP, for the respondent - State.
CORAM: J.H.BHATIA,J.
DATE : 10th March, 2011.
P.C.
Sec. 350 Cr.P.C. That order is sought to be challenged in the present Appeal.
3. The learned Counsel for the appellant contends that when there is a conviction under Sec. 350 Cr.P.C. the appeal lies to the Court to which the decree
2 Cri-Appeal-175-11.sxw
and orders of such Court are ordinarily made appealable as the order is passed by the Addl. Sessions Judge, the appeal will lie to the High Court. However, subsection (2) of Section 351 clearly lays down that the provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under Section 351. Chapter XXIX deals with appeals. Section 376 Cr.P.C. provides that in certain petty matters, appeal will not lie. It provides that there shall be no appeal by a convicted person if he is convicted by the Court of Sessions or Metropolitan Magistrate and such Court or Magistrate has passed only sentence of imprisonment for a term not exceeding three months or a fine not exceeding rupees two hundred or of both such imprisonment and fine. In the present case, the learned Additional Sessions Judge awarded sentence of fine of Rs.100/- only. Therefore, in vie of the provisions of Sec. 376 (b), the order is not appealable.
2 issues framed by the court
Whether an appeal lies against a conviction and sentence under Section 350 Cr.P.C. when only a fine not exceeding rupees two hundred is awarded.
Whether the appealability of orders under Section 351 Cr.P.C. is affected by the limitation on appeals in petty matters under Section 376(2) Cr.P.C.
4 provisions across 1 enactments
Angad Rambhau Jadhavar
State of Maharashtra
J.H.BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
