ESWARAMURTHY Vs. N KRISHNASWAMY

JUDGEMENT

(1.) THE petitioner herein has come forward with the Criminal Revision no. 573 of 2006, challenging the conviction and sentence to undergo one year simple Imprisonment and a fine of Rs. 5,000/- in default to undergo S. I. for six months for the offence under Section 138 of N. I. Act imposed on him by the learned judicial Magistrate No. II, Pollachi in C. C. No. 73 of 2002 dated 5/7/2005 and modifying the sentence into one of three months si and confirming the fine of Rs. 5,000. 00 in c. A. No. 340 of 2005 on the file of Additional district and Sessions Judge and Presiding officer, Special Judge for EC Act Cases at coimbatore dated 21/4/2006.

(2.) THE learned counsel appearing for the petitioner/revision petitioner has contended that in view of various difficulties and circumstances, the revision petitioner was not able to surrender before the Court below and thereafter remanded to the concerned prison on the ground of confirmation of his conviction and sentence passed by the trial Court.

(3.) IT is also contended by the learned counsel for the revision petitioner that in view of the specific provision under Section 397 Clause (1) of Cr. P. C. the revision petitioner, who has suffered concurrent finding of conviction and sentence, need not surrender and undergo the imprisonment for seeking the relief of suspension of sentence as imposd by the Court below.