KVAMAN SHENOY Vs. COLLECTOR OF SOUTH KANARA MANGALORE

JUDGEMENT

(1.) The appellant has preferred this appeal against the order, dated 16th March 1959, passed by the District Judge of South Kanara in Appeal Suit No. 154 of 1958, by which he confirmed the order of the trial Court and directed that the execution petition be proceeded with according to law.

(2.) The facts leading to this appeal may shortly be stated as follows:

(3.) The appellant was convicted for offences punishable under Sections 477A and 409 of the Indian Penal Code and sentenced to undergo imprisonment for one year and to pay a fine of Rs. 2,500/- and in default of payment of fine to suffer further imprisonment for a period of 2 1/2 years. The date of this order is not available hOWever, there seems to be no dispute that the appellant has served the substantive sentence of one year and since there was default in payment of fine, tie was undergoing the default sentence. It appears that during the course or his imprisonment, he made a part payment of Rs. 1,242/- towards the sentence of fine imposed on him.