ABDUL NAZAR S/O. ABDUL RAHIMAN Vs. SIVARAMAN

JUDGEMENT

(1.) The petitioner was convicted by the courts below under section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') and sentenced thereunder to pay a fine of Rs. 30,000/- and in default to simple imprisonment for three months by the trial court as per judgment dated 23.1.1996 in S.T. No.3153 of 1994. The trial court further directed that out of the fine amount, an amount of Rs. 20,000/- to be given to PW1 as compensation under Section 357 Cr.P.C., 1973

(2.) Against the said conviction and sentence, the revision petitioner filed appeal. As per judgment in Crl.Appeal No.32 of 1996, the appellate court confirmed the conviction and modified the sentence to a fine of Rs. 5,000/- with a default clause for simple imprisonment for two months. The appellate court also directed that a compensation of Rs. 20,000/- to be paid to the complainant under Section 357(3) Cr.P.C., 1973

(3.) This court, as per order dated 3.12.2008 in Crl.R.P. No.1490 of 2001 confirmed the conviction and set aside the sentence. The case was remanded to the trial court by this court for awarding the sentence afresh, in accordance with law.