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2021 (8) TMI 1301

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..... High Court could not have made the deposit of fine amount a condition precedent for the purpose of hearing the revision petition. As to what order is to be passed ultimately in the revision petition is a matter entirely different and that would depend on the examination of the matter in terms of the requirements of revisional jurisdiction but, in any case, depositing of fine amount could not have .....

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..... ve granted. The short point in this appeal, against the order dated 15.01.2021, as passed by the High Court of Karnataka in Criminal Revision Petition No.515 of 2020, is as to whether the High Court was justified in providing that the deposit of fine amount shall be a condition precedent even for entertaining the criminal revision petition, preferred by the accused in terms of Section 397 read .....

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..... ssed by the Appellate Court on 12.06.2020, maintaining the order of the Trial Court. Aggrieved, the appellant approached the High Court by filing Criminal Revision Petition No.515 of 2020. While dealing with the said criminal revision petition, the learned Single Judge of the High Court has taken note of the requirements of the order passed by the Trial Court, particularly the deposit of fine a .....

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..... e accused-appellant has approached this Court and it is essentially submitted that the High Court was not justified in imposing a condition of pre-deposit of the fine amount for the purpose of hearing the appellant s petition. Learned counsel for the respondent has attempted his best to support the order passed by the High Court but could not dispute the position that there is no such mandatory .....

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..... to approve the impugned order passed by the High Court on 15.01.2021. The impugned order is, therefore, set aside. It is left open for the parties to pursue the matter in Criminal Revision Petition No.515 of 2020 before the High Court. It goes without saying that we have not commented on merits of the case either way and all the aspects relating to revision petition are left open for considerat .....

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