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1984 (2) TMI 304

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..... 360 of the Code of Criminal Procedure. 2.. Since the question of law raised is common to all of them, they are heard simultaneously and are disposed of by the common order. 3.. The learned Magistrate has proceeded to convict the accused on their pleading guilty and having regard to the fact that they were all first offenders has thought it proper to release them on admonition. 4.. Mr. T.J. Chouta, the learned High Court Government Pleader appearing for the State, submitted that the provisions of sub-section (3) of section 360, Cr. P.C., were not applicable to such cases of economical offences and the provisions in sub-section (3) of section 360 were restricted to particular offences mentioned therein and are not applicable to the off .....

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..... t flush that the provisions would be applicable only in cases of such offences as enumerated in first part of sub-section (3) of section 360 like theft, theft in building, dishonest misappropriation, cheating or any other offences under the Penal Code punishable with not more than two years' imprisonment; but on a close reading of the provisions, it would appear that the intention of the legislature was not to so restrict the application of the provisions contained therein. Wide discretion has been given to the court in the matter of releasing the accused on admonition instead of sentencing him to any punishment. The provisions are applicable even in case of offences punishable with fine only or where the offences committed are trivial in n .....

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..... thought it proper to invoke the provisions of section 360(3), Cr. P.C., as the law requires, and he has accordingly proceeded to release them on admonition, instead of sentencing them to any punishment. The question of imposing minimum sentence of fine as provided under section 29(1)(g) arises only in case where the court, after considering the facts of a particular case, character and antecedents of the accused, and other aspects as provided in sub-section (3) of section 360, comes to the conclusion that the accused cannot be dealt with under section 360 and where the court considers that it is a fit case to deal with the accused under this section and releases on admonition, the question of sentencing does not arise. Therefore, it appear .....

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