B.Cecilia Snegalatha, Aged v. L.P.Kaniammal
Case brief
What is this about?
Petitioner convicted under Section 138 NI Act challenged conviction based on limitation bar. Court accepted arguable point of limitation dispute and suspended substantive imprisonment sentence pending revision while exempting surrender.
What did the court decide?
Substantive sentence of imprisonment suspended pending revision; petitioner exempted from surrender before trial court.
What the court decided
1
Crl.M.P.Nos.7244 and 7245 of 2017 in Crl.R.C.No.786 of 2017
V.BHARATHIDASAN, J.,
Petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act and petitioner was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default, to undergo simple imprisonment for 3 months, by the learned Judicial Magistrate, Fast Track Court No.I, at Magistrate Level at Coimbatore, by a judgment dated 23.04.2015 in C.C.No.469 of 2013. Challenging the same, petitioner had preferred an appeal in C.A.No.136 of 2015 on the file of the learned I Additional District and Sessions Judge, Coimbatore, and the lower Appellate Court confirmed the conviction and sentence and dismissed the appeal by a judgment dated 29.04.2017. Aggrieved which, the present revision has been filed.
- Crl.M.P.No.7244 of 2017 has been filed seeking suspension of sentence imposed on the petitioner and Crl.M.P.No.7245 of 2017 has been filed seeking exemption from surrendering before the trial court.
- The learned counsel appearing for the petitioner would submit that the complaint filed by the petitioner is barred by limitation and it has been filed beyond the statutory period. The learned counsel for the petitioner would further submit that the last date for filing complaint is on 14.12.2009, but the complaint has been filed only on 17.02.2010. He also produced a copy of the complaint and the information received by the trial Court shows that the date of filing of complaint is only on 17.02.2010. The lower Appellate Court has stated that the complaint has been filed only on 20.12.2009 and convicted the petitioner.
2
Issues for consideration
3 issues framed by the court
Whether the last date for filing complaint under Section 138 NI Act was 14.12.2009 or 20.12.2009 making the complaint barred by limitation.
Whether the substantive sentence of imprisonment should be suspended pending revision of the convicted judgment.
Whether exemption from surrender before the trial court is warranted given the limitation argument.
Parties & counsel
- petitioner
V BHARATHIDASAN
Coram
V BHARATHIDASAN
Case details
As recorded by the court registry
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