LAWS(MAD)-2002-6-47

N A RAVIKUMAR Vs. S SURESH KUMAR

Decided On June 07, 2002
N.A.RAVIKUMAR Appellant
V/S
S.SURESH KUMAR Respondents

JUDGEMENT

(1.) In a complaint under S. 138 of the Negotiable Instruments Act filed by the petitioner/complainant, the respondent/accused was convicted and sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs. 5,000/-. While the same was challenged by the accused in the appeal, the appellate Court confirmed the conviction and sentence. However, it would hold that the accused need not undergo the sentence, as he is entitled for remission of sentence of simple imprisonment for 6 months as per G.O. Ms. No. 1013 dated 14-9-2000 and set the accused at liberty on remission in pursuance of the said G.O. The said portion of the judgment is challenged in this revision by the complainant, the petitioner herein.

(2.) I have heard Mr. N. Manokaran, the learned counsel for the petitioner and Mr. B. Kumaraswamy, the learned counsel for the respondent.

(3.) I have appointed Mr. I. Subramanian, the learned Public Prosecutor of the State, as Amicus Curiae to assist the Court to resolve the dispute which arises in this case.