1 2025:CGHC:1527 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1736 of 2023 1 - Rajbir Khatri S/o Rampat Khatri Aged About 45 Years R/o Ward No.8, Satnami Para Berla, P.S. Berla, District : Bemetara, Chhattisgarh 2 - Neelam Khatri W/o Rajbir Khatri Aged About 39 Years R/o Ward No.8, Satnami Para Berla, P.S. Berla, District : Bemetara, Chhattisgarh 3 - Sandeep Khatri S/o Rajbir Khatri Aged About 28 Years R/o Ward No.8, Satnami Para Berla, P.S. Berla, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Berla, District : Bemetara, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Meera Tiwari, Advocate. For the State : Ms. Priya Sharma, Panel Lawyer. HON’BLE SHRI JUSTICE ARVIND KUMAR VERMA Order on Board 09/01/2025 1. With the consent of learned counsel for the parties, heard finally. 2. This CRMP is filed by the petitioners praying for direction to the trial Court to return the amount of Rs.49,000/- paid by the petitioners before the learned 1st Additional Sessions Judge (FTC), Bemetara in Sessions Trial No. 40/2020. 2 3. The brief facts of the case is that the petitioners have filed the criminal Appeal No. 660/2023 & CRA No.746/2023 against the judgment dated 02.04.2022 passed by the learned 1st Additional Session Judge (FTC), Bemetara in Session Trial No.40/2020. The criminal appeal filed by the petitioners has been allowed by this Hon'ble Court vide order dated 02.03.2023 and all the petitioners stand acquitted from all the charges. After that the petitioners had moved an application before the learned trial Court for release of the fine amount of total Rs 49,000 deposited before the Court below, whereby the learned trial Court has rejected the application by holding that this Hon'ble Court has not directed to return the fine amount to the petitioners and dismissed the application of the petitioners. The petitioners herein praying for the modification of order dated 02.03.2023 passed in CRA No.660/2022 & CRA No.746/2022 only with extent to release the fine amount to the present petitioners. 4. After acquittal of charges petitioners have moved an application before the trial Court to return the total fine amount of Rs.49,000 deposited before the trial Court. 5. The aforesaid application for returning the fine amount has been dismissed by the trial Court by assigning the reason that the order passed by this Court in CRA No.660/2022 & CRA No.746/2022, this Court has not directed to return the fine amount to the petitioners and dismissed the application. Hence the present petitioners praying for the modification of order dated 02/03/2023 passed in CRA No. 660/2022 and CRA No.746/2022 with extent to release the fine amount to the present petitioners. 3 6. I have perused the record with utmost circumspection. Learned First Additional Sessions Judge (FTC), Bemetara has convicted the petitioners in ST No. 40/2020 by the judgment dated 02/04/2022 under Section 498-A of IPC and also under Section 3 & 4 of Dowry Provision Act, 1961 each of them has been sentenced to undergo RI for 2 years and fine of Rs.500/- with default stipulation, R.I. for 5 years and fine of Rs.15,000/- with default stipulation and RI for six months and fine of Rs.500/- with default stipulation, respectively, for the said offence. 7. Thereafter petitioners/accused filed criminal appeal i.e. CRA No. 660/2022 and CRA No. 746/2022 under Section 374(2) of Cr.P.C. before this High Court and this Court has passed the judgment dated 02/03/2023 and this Court has acquitted the petitioners/appellants on the basis of compromise between the parties and the Criminal Appeal No. 660/2022 and Criminal Appeal No. 746/2022 both are stands allowed and the appellants therein/petitioners herein acquitted of all the charges leveled against them, but the trial Court did not return the total amount of fine Rs.49,000/- to the petitioners deposited before the trial Court by the petitioners. Learned trial Court rejected the prayer and holding that the High Court has not directed to fine amount return to the appellants and dismissed the application of the appellants. 8. Learned counsel for the petitioners has relied the order in the matter of K. Vijay Kumar vs. State of Andhra Pradesh, 2004 SCC Online AP 973 para 4 held as under :- “4. When appeal is allowed and acquittal is recorded, it is needless to say the conviction and sentence recorded were set aside by the Appellate Court and as a consequence thereof, the appellant who had been 4 successful, is entitled to the refund of fine amount, if any, paid by him. No separate order need be passed in this regard. At the best, it can be said to be an omission which is curable. Section 362 of the code reads as under: "Save as otherwise provided by this Code or by any other law for the time being in force no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error". Section 393 of the code deals with finality of judgment and reads as hereunder. "Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in Sections 377, 378, sub-section (4) of Section 384 or Chapter XXX: provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits. a) an appeal against acquittal under Section 378, arising out of the same case; or b) an appeal for the enhancement of sentence under Section 377, arising out of the same case." 9. Sentence means not only imprisonment but also include fine sentence if a person acquitted from the charges in that case, he has entitled to receive fine amount also. 10. In view of above, this CRMP is allowed. The order dated 02/04/2022 is set-aside and it is directed that in pursuance of the judgment passed in CRA No.660/2022 and CRA No.746/2022 trial Court shall return the fine amount to the petitioners, which has been deposited by the 5 petitioners before the learned First Additional Sessions Judge (FTC) Bemetara (C.G.) in Sessions Trial No.40/2020. Sd/- (Arvind Kumar Verma) JUDGE Kamde NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.24 11:59:07 +0530