RANGANATHAN Vs. D SHANMUGASUNDARAM

JUDGEMENT

(1.) THE revision petitioner is the accused in C. C. No. 214 of 2000 on the file of the Judicial Magistrate No. II Court , Coimbatore . THE Criminal Revision Case is filed against the judgment dated 11. 9. 2002 in c. A. No. 185 of 2002 on the file of the Principal District and Sessions Court, confirming the conviction and modifying the sentence made in C. C. No. 214 of 2000 by the Judicial Magistrate No. II, Coimbatore, as per judgment dated 7. 5. 2002. THE learned Judicial Magistrate No. II, Coimbatore , convicted and sentenced the revision petitioner/accused to undergo one year simple imprisonment for the offence under Section 138 of Negotiable Instruments act and further directed to pay a sum of Rs. 35,000/- towards compensation. In the appeal the conviction was confirmed and sentence was modified to that of six months rigorous imprisonment and the compensation is also confirmed by the learned Principal District and Sessions Judge, Coimbatore.

(2.) THE respondent/complainant filed the private complaint against the revision petitioner/accused, which was taken on file in C. C. No. 214 of 2000 that the cheque issued by the revision petitioner/accused towards discharge of the debt, was dishonoured when it was presented for collection and that despite notice, the revision petitioner failed to pay the amount, and so the revision petitioner committed the offence under Section 138 of Negotiable Instruments act.

(3.) LEARNED counsel for the respondent/complainant submits that after considering the entire evidence, the learned Principal District and Sessions Judge, Coimbatore, confirmed the conviction and modified the sentence to that of six months rigorous imprisonment and also confirmed the compensation as awarded by the trial court. He also submits that only after paying the entire compensation amount, the leniency of sentence may be considered.