VARIYAMKANDI M MUHAMMED Vs. P BALAN KANNAN

JUDGEMENT

(1.) 1. The petitioner faced indictment in a prosecution under Section 138 of the N.I. Act. He was found guilty, convicted and sentenced by the trial court. The Appellate Court upheld the verdict of guilty and conviction, but modified the sentence. The petitioner was sentenced to undergo imprisonment for 15 days and to pay a fine of Rs.45,000/- and in default to undergo S.I. for a period of 2 = months.

(2.) Aggrieved by the said appellate judgment, the petitioner came before this Court with a revision petition. The revision petition was admitted. Execution of the sentence was suspended pending disposal of the revision petition, subject to conditions. The petitioner could not comply with those conditions. Consequently, it is submitted at the Bar, the petitioner had to undergo the substantive sentence and the default sentence imposed by the appellate court. Accordingly he had undergone imprisonment for a period of three months, it is submitted.

(3.) Later, the revision petition was disposed of on merits. At that stage, the petitioner had omitted to bring to the notice of the court that he had actually undergone the sentence imposed by the appellate court. Another Bench of this Court in revision further modified the sentence and sentenced the petitioner to undergo imprisonment till rising of Court and to pay an amount of Rs.50,000/- as compensation and in default to undergo S.I. for a further period of three months. The petitioner was directed to appear before the learned Magistrate on 25.10.2006 to undergo the modified sentence.