C.P. VIMLA PRABHAKAR NAIDU Vs. PRAMOD

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for respondent No.1 and also learned A.P.P. for the respondent-State.

(2.) Being aggrieved by the judgment and order of conviction passed by the 9th J.M.F.C. Aurangabad dtd. 1/4/2004 in S.C.C. No. 80786 of 1997 under Sec. 138 of Negotiable Instruments Act and sentencing thereby to suffer simple imprisonment for one month and to pay compensation to the complainant of Rs.1,50,000.00 in three equal installments within three months and further the said judgment and order is confirmed by the 3rd Additional Sessions Judge, Aurangabad by order dtd. 15/12/2004 in criminal appeal No. 85 of 2004 by certain modifications to the extent of imprisonment and fine, the applicant-original accused has preferred this criminal revision application. The learned 3 rd Additional Sessions Judge, Aurangabad by the aforesaid judgment and order has partly allowed the appeal. The order to the extent of conviction and also the payment of compensation is maintained, however, the sentence awarded by the trial court is modified and directed to pay a fine of Rs.5000.00 i/d to suffer S.I. for one month.

(3.) So far as the judgment and order of conviction passed by the trial court is concerned, the learned Judge of the trial court has not imposed fine and fine is not part of the sentence. The learned Judge of the trial court has sentenced the applicant accused to suffer simple imprisonment for one month and to pay compensation of Rs.1,50,000.00 in three equal installments. However, learned 3rd Additional Sessions Judge, Aurangabad by order dtd. 15/12/2004 in criminal appeal No. 85 of 2004 maintained the conviction by modifying the sentence and further directed the applicant accused to pay fine of Rs.5000.00 i/d to suffer S.I. for one month and maintained the order of compensation.