NDLI: State of Orissa Vs. Ram Chander Agarwala Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Criminal Procedure Code 1898
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Code of Criminal Procedure, 1898 (5 of 1898)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Criminal Procedure Code 1898 - Section 561-A - lnherent powers - Criminal Procedure Code 1974, Sec. 362, 482 - Whether High Court can review its Judgment delivered in a reference or revision application. The respondents were convicted under Section 20 of the Forward Contracts (Regulation) Act, 1952. The District Magistrate found the firms and persons in management of business guilty of the offences with which they were charged and inflicted a consolidated fine of Rs. 2000/- with the direction that they would suffer simple imprisonment for three months in default of payment of fine. Against their conviction and sentence the accused preferred an appeal to the Sessions Judge. The Sessions Judge while dismissing the appeals found that the law required imposition of a minimum sentence of fine of Rs. 1000/- for each offence and as the sentence passed by the Trial Court was not in accordance with the law, he referred the matter to the High Court for passing an appropriate sentence. The accused also preferred revision petition against the order of the Sessions Judge, Both the proceedings were heard together. The High Court dismissed the revision petition preferred by the accused and accepted the reference by the Sessions Judge and enhanced the sentence so far as the firms are concerned, to a sum of Rs. 3,900 /-. As regards the Managers or the Managing partners the High Court sentenced them to six months rigorous imprisonment. The Managers or Managing Partners filed miscellaneous petitions before the High Court for review of its order. The High Court accepted the petition for review and recalled its previous judgment imposing sentence of six months' rigorous imprisonment on the petitioners and instead imposed a fine of Rs. 3900/-. The High Court came to the conclusion that no comprehensive notice was given to the accused to show cause why sentence of time should not have been enhanced to the sentence of substantive imprisonment and that the notice was only to show cause why the fine should not be increased. The State of Orissa filed an appeal by certificate in this Court. The appellants contended : (l) The High Court had no jurisdiction to review its own judgment.(2) The High Court erred in holding that proper notice was not issued. (3) The notice issued to the accused was clear and wide enough to include the imposition of substantive sentence of imprisonment.The respondent contended : 1. The High Court has ample jurisdiction under Section 561(A) and other provisions of the Criminal Procedure Code to review its own judgment.2. Section 369 of the Criminal Procedure Code is not applicable to judgments on appeal passed by the High Court much less to the judgment of the High Court passed in exercise of its criminal jurisdiction, under section 439.
Judge	Hon'ble Mr. Justice P.S. Kailasam
Neutral Citation	1978 INSC 198
Petitioner	State Of Orissa
Respondent	Ram Chander Agarwala Etc.
SCR	[1979] 1 S.C.R. 1114
Judgement Date	1978-10-05
Case Number	86-93

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