ABDULLA ZACKARIA Vs. M RANJITH

JUDGEMENT

(1.) PETITIONS filed under Section 397 r/w 401 of Cr.P.C. against the order dated 25.10.2005, passed by the Judicial Magistrate, Coonoor, in S.T.R.Nos.2110 and 2111 of 2005. Common Order: Animadverting upon the the common order dated 25.10.2005, passed by the Judicial Magistrate, Coonoor, in S.T.R.Nos.2110 and 2111 of 2005, these criminal revision cases are focussed.

(2.) COMPENDIOUSLY and concisely, the case of the revision petitioner, as stood exposited from the revision petitions would run thus:- The learned Magistrate even though found the respondent/second accused guilty of the offence under Section 138 of the Negotiable Instruments Act, nonetheless imposed the following minimum sentence: S.T.R.No,2110/2002:

(3.) THE trial Court, after conducting enquiry held that out of the sum of Rs.75,000/- and Rs.70,000/- a sum of Rs.65,000/- was paid in the matter relating to S.T.R.No,2110 of 2002 (i.e.Crl.R.C.No.177 of 2006), as evidenced by five cash receipts and a sum of Rs.25,000/- was paid in the matter relating to S.T.R.No,2111 of 2002 (i.e.Crl.R.C.No.181 of 2006), as evidenced by four cash receipts. According to the finding of the lower Court, there remained only a sum of Rs.10,000/- yet to be paid in S.T.R.No,2110 of 2002 and Rs.45,000/- in S.T.R.No,2111 of 2002. Hence, the learned Magistrate applying his mind took a lenient view and imposed the above said sentences.