The Karnataka High Court in an important judgment stated that the fine can be collected from the property or from the successors who inherit from the accused even after his death.
A bench led by Justice Shivashankar Amarannavar on Wednesday passed this decision while hearing the appeal of late Tottile Gowda of Hassan. He had filed the petition when he was still alive.
The bench declared that even in the event of the petitioner’s death, he will not be excused from paying the fine imposed by the court.
After the petitioner’s death, no family member has filed a petition to continue the case. The counsel for late Tottile Gowda stated that his legal heirs do not wish to pursue the petition. However, the bench directed that the fine should be paid by the successor only.
It was on December 12, 2011 when the Additional Sessions Court of Hassan has imposed Rs 29,204 fine under the Sections 135, 138 of the Electricity Act, 2003 convicting petitioner late Tottile Gowda.
Gowda filed an appeal with the High Court, challenging the lower court’s decision. However, during the course of the petition in the High Court, Tottile Gowda expired.
Following the death of the petitioner, the High Court dismissed the appeal petition. However, the bench directed that the fine should be collected from the property or the property’s successors.
