Restitutive Justice in Economic Offences mandates fine amounts proportional to wrongful gains regardless of convict’s financial status.

The appellant, Devi Singh Rawat, was convicted by the Second Additional Sessions Judge, Dabra, for the offence of cheating under Section 420 IPC and sentenced to 7 years R.I. with a fine of Rs. 13,50,000/-.

The complainant, Ganpat, had land acquired by the State for a canal, for which compensation of Rs. 9,42,704/- was determined.

The appellant, utilizing a Power of Attorney he was not authorized to use for such benefit, received the compensation and failed to remit it to the complainant.

On appeal, the appellant did not challenge the conviction (having already undergone the custodial sentence) but restricted his arguments to the quantum of the fine, claiming it was disproportionate to his pecuniary resources.

Section 420 of the Indian Penal Code (IPC) regarding cheating and dishonestly inducing delivery of property.

The court distinguished the precedents of Rachhpal Singh v. State of Punjab (2006) and Manish Jalan v. State of Karnataka (2008), noting that while they require an inquiry into a convict’s capacity to pay, those cases pertained to murder and motor accidents rather than economic crimes.

Principle of "restitutive justice," emphasizing that in economic offences, victims are the "forgotten people" of the justice system and deserve adequate financial restoration.

The Court reasoned that since the appellant did not challenge the finding that he dishonestly obtained Rs. 9,42,704/-, he cannot simultaneously plead poverty to avoid repayment.

The Court held that in economic crimes—such as tax evasion, money laundering, or cheating—the requirement to conduct a specialized inquiry into the convict's financial status before imposing a fine is answered in the negative.

To allow such a plea would result in a failure of the justice system, as offenders would retain the proceeds of their crimes by simply claiming a lack of funds.

The Court found that the fine (Rs. 13,50,000/-) was a reasonable application of restitutive justice, covering the principal amount stolen plus interest/costs.

The appeal was dismissed, and the sentence of the trial court regarding the fine and default stipulations was upheld. Under Section 420 IPC, the appellant remains liable for the full fine amount.