N MURUGAN Vs. SUPERINTENDENT

JUDGEMENT

(1.) This petition has been filed for a direction to the Judicial Magistrate, Vallioor, Tirunelveli District to issue Non-bailable Warrant as against the second respondent in C.C.No.480 of 1999 for the purpose of serving the remaining portion of the sentence imposed by the Magistrate, Vallioor, in the said case.

(2.) The brief facts of the case are as follows:- The petitioner/complainant filed a case against the second respondent for an offence under Section 138 of The Negotiable Instruments Act and the same was tried in C.C.No.480 of 1999, which culminated in a conviction on 30.11.2000, by which the second respondent was convicted to under go simple imprisonment for a period of six months and also to pay a compensation of Rs.6,58,000/-. The second respondent preferred an appeal in CA.No.167 of 2000 and on 16.11.2001, the appeal was dismissed, confirming the sentence imposed by the trial Court. On 6.7.2001, the accused/second respondent surrendered before the Court and was remanded to serve the sentence. But the first respondent has released the second respondent by giving the benefits of G.O.Ms. No.841 Home (Pri.IV) Department dated 12.9.2001. As per the said G.O. the Government has decided to grant remission of six months sentence to all the prisoners convicted for certain offences mentioned in the G.O. therein. There is no specific mention about the applicability of the said G.O. for a conviction under Section 138 of The Negotiable Instruments Act.

(3.) This Court in N.A.RAVIKUMAR VS. S. SURESH KUMAR (2002(3) CRIMES 542) has already held that the G.O. issued by the State Government granting remission to the convicted persons would not apply to the accused convicted for an offence under Section 138 of the Negotiable Instruments Act. Since the said Act is a legislation within the exclusive competence of the Union Government and as such, any remission of sentence for an offence under this enactment can be granted only by the Central Government as it was relating to the matter concerned with List-I of the 7th Schedule. As such, the G.O. issued by the State Government granting remission to some offence would not apply to the offence under The Negotiable Instruments Act.