Case Law Details
Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court)
In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it shall not be without hearing the accused, as, if the, Courts would pass orders suo motu without calling upon the respondent to respond on such suo motu action, such action would be in blatant violation of principles of natural justice. It is trite law that any order both judicial and administrative if entail penal or civil consequences, it cannot be passed without at the outset complying with principles of natural justice.
The impugned order being a judicial order which is likely to result a proceeding being instituted under Section 421 of the Cr.P.C., in the event the accused would fail complying with the order of deposit of 20% of the amount of the instrument, it ought not to have been passed without hearing the accused. Though the provision does not indicate any hearing to that effect, in the light of the order having penal consequences, principles of natural justice will have to be read into the provision.
In the light of what is aforesaid, on the solitary ground that there was no application filed by the complainant and no hearing afforded to the accused, the order impugned is rendered unsustainable.
FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT
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