PARMASIVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners were sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs. 3,000/- by the learned Trial judge in S. C. No. 71 of 2008 on the file of the learned Additional District and Sessions Judge, Ariyalur and questioning the same, they preferred Crl. A. No. 491 of 2011, before this Court and the Criminal Appeal was disposed of on 26. 02. 2019 and the sentence of imprisonment was substituted with a fine of Rs. 15,000/- each. The petitioners had to pay the differences of fine amount of Rs. 12,000/- each and they were directed to pay the said amount within a period of 30 days from the date of that order. It was also directed that if they fail to do so, they will undergo three months Simple Imprisonment (each).

(2.) The learned counsel appearing for the petitioners points out that even though, the judgment was pronounced on 26. 02. 2019, the order copy was made ready only on 29. 04. 2019 and by that time, the period given by this Court for paying fine amount had already expired. The learned counsel appearing for the petitioner also places reliance upon Sections 64 and 68 IPC and the same read as follows:

(3.) The learned counsel appearing for the petitioner states that they are ready to pay the fine amount within a period of one week from the date of receipt of a copy of this order.