Appeal against orders under section 498 or section 499
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Summary
If a person is aggrieved by an order of a Court or magistrate under those provisions, they may appeal to the court that ordinarily hears appeals from convictions by that Court. The appellate court may stay the order pending disposal of the appeal, or modify, alter or annul it and pass any further orders that are just. The same powers can be exercised by courts handling appeal, confirmation or revision in the same case.
Example
Priya gets an order from a magistrate requiring her to pay a fine and vacate her shop. She files an appeal in the court that normally hears appeals from that magistrate. The appellate court can stay the fine and vacating order while the appeal is pending, or it can modify or set aside the magistrate's order and give any further just directions.
Bare Act
Enacted text(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.
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