A criminal revision was filed to enhance the sentence of an accused convicted for cheating under Section 417 IPC. The High Court rejected the petition, holding that the trial court had awarded appropriate punishment and found no infirmity or illegality in the lower court order. The High Court dismissed the revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2016
(Orders Reserved on : 08.06.2016)
CORAM:
THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM
Crl.R.C.No.1121 of 2008
Seeyathammal ... Petitioner/Prosecution
Witness
Vs.
1. Vinayagamoorthy ... Respondent/Sole Accused
2. State, Represented by,
Sub-Inspector of Police,
V-4, Rajamangalam Police Station,
Crime No.350 of 1999
Chennai - 600 099. ... Respondent/Complainant
Prayer: Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure, praying to enhance the sentence rendered by the learned 10th Metropolitan Magistrate, Chennai @ Egmore by his judgment dated 30.05.2008 in C.C.No.7133 of 1999 against the first respondent.
For Petitioner : Mr.R.John Sathyan For R-1 : Mr.Vinayagamoorthy (Party-in-person) For R-2 : Mr.Mohammad Riyaz, Government Advocate (Crl.Side)
ORDER
This Criminal Revision Case is directed against the order dated 30.05.2008 passed by the learned 10th Metropolitan Magistrate, Egmore, Chennai, in C.C.No.7133 of 1999.
complainant, who is the petitioner herein, the Sub-Inspector of Police, V-4, Rajamangalam Police Station has registered a case in Crime No.350 of 1999 against the first respondent herein and the said case was taken on file by the learned 10th Metropolitan Magistrate, Egmore, Chennai, in C.C.No.7133 of 1999. The learned 10th Metropolitan Magistrate, conducted trial and finally, convicted the first respondent/accused for the offence punishable under Section 417 of IPC and sentenced to undergo simple imprisonment till raising of the Court and imposed a fine of Rs.4,000/-, in default, undergo two months simple imprisonment and out of the said fine amount, a sum of Rs.3,800/- has to be paid to the petitioner as compensation. As against the said order, the present criminal revision case is preferred by the petitioner/de facto complainant.
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To
1 issue framed by the court
Whether to enhance the sentence rendered by the trial court for false evidence punishable under Section 417 IPC.
2 provisions across 2 enactments
Seeyathammal
Vinayagamoorthy
State
G. Chockalingam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
