Sh. Salauddin vs Smt. Asha on 7 April, 2018
12.Next question relates to a legal issue raised by ld. counsel for
appellant regarding the maximum default sentence which could be
awarded against the appellant. During arguments or in the written
arguments, ld. counsel did not refer to any particular legal provision.
However, reliance has been placed in the written arguments over the
case of Shree Sainath (supra). In this case, Delhi High Court
referred to section 30 of Cr.P.C., which deals with power of
Magistrate to award default punishment. Delhi High Court had
decided mixed question of two sentences running concurrently and
the respective default punishment. In that case, Delhi High Court was
dealing with the sentence passed against the petitioner in a number
of complaint cases. The petitioner was sentenced to undergo simple
imprisonment of one year and to pay fine of Rs. 51 lacs as
compensation to the complainant. The default punishment was
passed for simple imprisonment for six months.