Section 288 in Criminal Court Rules of the High Court of Judicature at Patna
288.
(a)When an application is made for the refund of a fine or a miscellaneous receipt [heads (b) and (d) to (f) of rule 267] the payment order shall be prepared by the Accountant in Form No. (A) 4 after checking the application by a reference to the fine. Register or Miscellaneous Receipt Register (rule 320) and the Magistrate-in-charge at the time of passing the refund order, shall note the repayment against the entry of the receipt in such register. The payment order shall also be noted in the Register of Payment Order [Form no. (A) 9] and initialled by the Magistrate-in-charge.(b)When an Appellate Court orders a fine to be refunded, it shall be the duty of the Court which imposed the fine, immediately on receipt of the Appellate Court's order for the refund, to prepare a payment order on the Treasury, if the fine has been levied, attaching a copy of the Appellate Court's order thereto, and to deliver it to the payee, whether he applies for it or not with instructions to duly receipt the bill and present it for payment at the Treasury. In such cases no written application shall be required from the payee; and should such an application be made, it shall be-exempted from stamp-duty by virtue of the notification of the Government of India, no. 3389-S.R., dated the 6th August, 1896.(c)The same procedure shall also be followed in respect of cases dealt with on revision.(d)In cases in which a sentence of fine passed by a Magistrate is confirmed by a Court of Sessions, but set aside by the High Court on revision, it shall be the duty of the Sessions Judge to whom the order of the High Court is certified immediately to appraise the Magistrate concerned of the order of the High Court by sending him a certified copy of such order.Note - Compensation fines are repaid under the procedure laid down in rule 279 of this part.Refunds of Criminal Deposit When the Amount Does Not Exceed Rs. 100
