In Re: Ponnammal - Court Judgment

SooperKanoon Citationsooperkanoon.com/791165
SubjectCriminal
CourtChennai
Decided OnOct-14-1892
JudgeHandley and ;Best, JJ.
Reported in(1893)ILR16Mad234
AppellantIn Re: Ponnammal
Cases ReferredReg. v. Thakur Ira
Excerpt:
criminal procedure code. act x of 1882, section 488--maintenance case--failure to pay process fees. - 1. we are of opinion that the district magistrate is right. section 20, clause ii of the court fees act has reference only to fees for processes issued in the case of 'offences,' and it has been held that an order for payment of maintenance is not a conviction for an 'offence' see queen v. golam hossein 2. chowdhry 7 w.r. cr., 10; cf. reg. v. thakur ira 5 bom. h.c.r. 81.2. we, therefore, set aside the head assistant magistrate's order dismissing the application and direct the magistrate to proceed with the inquiry and pass an order in accordance with law.
Judgment:

1. We are of opinion that the District Magistrate is right. Section 20, clause II of the Court Fees Act has reference only to fees for processes issued in the case of 'offences,' and it has been held that an order for payment of maintenance is not a conviction for an 'offence' see Queen v. Golam Hossein 2. Chowdhry 7 W.R. Cr., 10; cf. Reg. v. Thakur Ira 5 Bom. H.C.R. 81.

2. We, therefore, set aside the Head Assistant Magistrate's order dismissing the application and direct the Magistrate to proceed with the inquiry and pass an order in accordance with law.